midterms

Question 1

Through language and historical processes, certain ideas and notions become or get passed off as truths, become embedded in tradition and customs, and thus become the subject of a myth.
The cultural construction of myth by the dominant culture of society enables it to get support and promotion from one generation to the other as well as expand its application to all areas of life.

Answer 1

Through language and historical processes, certain ideas and notions become or get passed off as truths, become embedded in tradition and customs, and thus become the subject of a myth.

Question 2

Many myths have a manifest purpose of legitimating aberrant behavior. This is especially true when rape is concerned. The perpetuation of these myths can be dangerous to victims and the prosecution of offenders of their heinous crime.

Answer 2

Many myths have a manifest purpose of legitimating aberrant behavior. This is especially true when rape is concerned. The perpetuation of these myths can be dangerous to victims and the prosecution of offenders of their heinous crime.

Question 3

The cultural construction of myth by the dominant culture of society enables it to get support and promotion from one generation to the other as well as expand its application to all areas of life.

Answer 3

The cultural construction of myth by the dominant culture of society enables it to get support and promotion from one generation to the other as well as expand its application to all areas of life.

Question 4

As part of knowledge processes, they develop into doctrines that govern, rule, establish or influence social roles, identities and social space consistent with what is regarded as logical, natural and common sense.

Answer 4

As part of knowledge processes, they develop into doctrines that govern, rule, establish or influence social roles, identities and social space consistent with what is regarded as logical, natural and common sense.

Question 5

Such doctrinal myths may play a role in the determination of guilt or innocence of a defendant in the court of law.

Answer 5

Such doctrinal myths may play a role in the determination of guilt or innocence of a defendant in the court of law.

Question 6

Rape Myth: Men can have sex freely with women deemed to be of loose morals because these women have nothing to lose.

Answer 6

Virginity as the measure of a woman’s value is an illustration of a doctrinal myth in rape. In Philippine society today, virgins continue to have more value than non-virgins. This promotes the ideal of virginity. Non-virgins are women of loose morals such as prostitutes and sexually promiscuous women. This culture of virginity, held up by values promoted in society, makes some women “rapeable” than others in the interpretation of laws.

Question 7

Myth #1: Rape happens only to young,
attractive or desirable women.

Answer 7

Fact: Police records show that there is no typical woman victim. Any woman can be raped. Victims have included babies several months old and grandmothers. There is no regard for age, relation, social class, education, demeanor, gender, disability, pregnancy or even looks when it comes to men raping women. Sexual attractiveness is not a selective trait used by most rapists when they are stalking their victims.

Question 8

Myth #2: Rape is a crime of lust or passion.

Answer 8

Fact: Rape is not a crime of lust or passion but an abuse of power, and is targeted against the victim’s very personhood. Each rape committed is a story replete with expressions of power of the perpetrator over his victim. Some perpetrators express the belief that their children are their property that they are privileged to use before any other man.

Question 9

Fact: Rape is not a crime of lust or passion but an abuse of power, and is targeted against the victim’s very personhood. Each rape committed is a story replete with expressions of power of the perpetrator over his victim. Some perpetrators express the belief that their children are their property that they are privileged to use before any other man.

Answer 9

True

Question 10

Myth #3: Rape involves the loss of a
woman’s most prized possession, her
“chastity”.

Answer 10

Fact: Rape is not about “chastity” lost but about personhood, dignity and bodily integrity violated, regardless of the victim’s personal background and sexual history.

Question 11

Myth #4: Men can have sex freely with women deemed to be of loose morals because these women have nothing to lose.

Answer 11

Fact: Rape is a crime against the personhood of the victim, regardless of her personal background, reputation or previous sexual behavior. Thus, prostituted women, sexually active or even married women can also be raped.

Question 12

Myth #6: Rape happens in poorly lit or
secluded places.

Answer 12

Fact: Rape can happen to any woman, any time, at any place. In addition, it is the rapist who chooses the place and the time for the rape to occur - the victim has little to do with the situation other than being in the wrong place at the wrong time.

Question 13

Myth #7: Sexy clothes excite men, so to avert rape it is a woman’s responsibility to avoid provocative or revealing attire.

TSN of a rape case filed in Pasay City RTC by a 17-year
old daughter against her father
p. 12, TSN dated July 14, 1999
Cross-examination of private complainant/daughter

Counsel for Accused: What was your attire on that fateful
date of September 4, 1997?
Counsel for Accused: When you said shorts, how long is
that short pants?

Offended Party: Middle of my thigh, sir.

Counsel for Accused: You did not bother to wear pajama or
long pants?

Offended Party: No sir

In the above interrogation, the counsel for the accused is in effect shifting the blame on the offended party
The question insinuates that the daughter should have worn pajamas and long pants for sleeping to avoid being raped by her father

Answer 13

The question also implies that the offended party brought the rape upon herself because she wore shorts and t-shirts
Thus, her father should not be blamed for raping her
The counsel for the accused is perpetrating the myth that women are partly to blame for the rape because they behave in ways that elicit men’s sensual desires
However, rape is not just about lust or passion According to the rape study by the Women’s Legal
Bureau, rapists hardly care about the attire of their
victims, whether duster, dresses, or school uniforms

Fact: No women “deserves” to be raped, even if she happens to be wearing sexy clothes. This myth maintain the Adam-and-Eve syndrome of our culture, in which a man is believed to be the innocent victim of the evil and seductive temptress - the woman. We blame women for rape if they are not wearing a bra or if they are wearing a short skirt.

Question 14

Myth #8: When a woman’s “chastity” is threatened she exerts every effort to protect it, whether by violent resistance, escape attempts, or screams for help.

Answer 14

Fact: The fact that the victim did not resist or
attempt to flee or shout for help does not negate force or intimidation. People react differently to a given situation and there is no standard form of behavioral response when one is confronted with a strange or startling or frightful experience as heinous as the crime of rape (People vs. Talaboc, 256 SCRA 441 [1996]).

Question 15

Fact: The workings of the human mind when placed under emotional stress are unpredictable and cause different reactions in people (People vs. Opelina, 412 SCRA 343).

The Court has also recognized that fear has been known to render people immobile, if not useless, in some life and death situations (People vs. Galas, 262 SCRA 381);

Answer 15

True

Question 16

Fact: The workings of the human mind when placed under emotional stress are unpredictable and cause different reactions in people (People vs. Opelina, 412 SCRA 343).
The Court has also recognized that fear has been known to render people immobile, if not useless, in some life and death situations (People vs. Galas, 262 SCRA 381);

Question 16

Fact: That intimidation is addressed to the mind of the victim and is, therefore, subjective, and its presence cannot be tested by any hard and fast rule and must be viewed in the light of the victim’s perception and judgment at the time of the commission of the crime (People vs. Oarga, 259 SCRA 90).

Answer 16

True

Question 17

Myth #9: When violated, a woman’s first reaction is to tell her family, particularly her menfolk – father, brother, husband- who must be informed of the assault upon the woman’s and thus the family’s honor

Answer 17

Fact: It is asked regardless of the length of time that has passed between the commission of the crime and the reporting of it by the victim. These questions are born of “common experience,” despite there being no standard reaction for victims.

Delay in reporting rape should not diminish the credibility of the report because, given the usual circumstances of rapes, such delay is, more often than not, excusable.

Question 18

Myth #10: Many women falsely cry rape. Rape
charges are fabricated by women seeking to avenge a slight or to extort money. Thus, it was not long ago when the SC held in the
case of People vs. Salarza that most rape charges are
unfounded:
Rape is a charge easy to make, hard to prove and harder to defend by the party accused, though innocent. Experience has shown that unfounded charges of rape have frequently been proferred by women actuated by some sinister, ulterior or undisclosed motive.

Answer 18

Fact: There is no doubt that some women report rape when it has not occurred (for revenge or some other reason), but it would be a gross mistake to assume that the majority of rape cases reported to the police are false. Historically, it has been more likely for women not to report rape that has occurred.

Question 19

Myth #11: Rape is a crime controlled by an uncontrollable sex drive.

Answer 19

Fact: Some men incarcerated for serial rape often claimed they felt such a compulsion to rape, that they could not control themselves. There is no verifiable evidence that men as a gender are under such a psychological sexual compulsion that they cannot control themselves. Moreover, many perpetrators either are married or have available sexual partners when they commit their crimes.

Question 20

Myth #12:
Strangers commit rapes.

Answer 20

Fact: Rapes are often committed by persons who know the victims. A US study show that women knew their assailant 84% of the time. Fewer than 1 in 3 rapists was a stranger to the victim (RAINN, 2006).

Question 20

Myth # 13:
All women want to be raped.

Answer 20

Fact: This myth has been romanticized in the media.
The paperback romance story often starts with the female resisting the advances and even the sexual attack of the rapist, only to melt in passionate acceptance (Crooks & Bauer, 1983). It is true that some women do have a sexual fantasy, but these fantasies typically do not center on the use of force but on a feeling of being “swept off one’s feet” by a tall, dark and handsome stranger into a sexual liaison that one would not ordinarily entertain in real life.

Question 21

Underpinning all these myths and misconceptions is the belief that women can and should be able to avoid rape. If they are not able to get away, then the woman must have wanted it to happen.

Answer 21

True

Question 22

Myths about rape have survived in our culture so tenaciously for so long because they have a number of social
functions

Answer 22

True

Question 23

Myths provide false security

Answer 23

When we are confronted with the story of a rape, the easiest way to maintain our feelings of safety and invulnerability to rape is to believe that what we are hearing is indeed a work of fiction, not a true story. If we believe that many “rape reports are false”, then we significantly lower our perceived chance of becoming a rape victim too. It is perpetrated by someone known to the victim and not strangers. You downplay the gravity of rape.

Question 24

Myths maintain our belief in a just world

Answer 24

We all would like to believe that we live in a just world in which people get what they deserve. If we do the “right” things, bad things will not happen to us. Following this line of reasoning, if a woman is raped, then it can only mean that she is bad or that she has done something wrong that makes her deserve it.

Question 25

Myths keep women unequal and controlled by men

Answer 25

We are more likely to blame women for being raped when it happens while they are engaging in activities such as hitchhiking, being out in bars alone, or being out walking alone at night. These are acceptable activities for men, but the possibility of rape makes them dangerous for women. - As a result, women continue to be controlled by men, without equal freedom of activity. They live in fear of stepping outside their socially accepted roles and being punished by rape

Question 26

Many of these doctrinal myths are based on popular misconceptions and traditional beliefs centering on the victim, e.g. her character, her conduct and reactions before, during and after the assault, and the erroneous appreciation of medico-legal evidence.

Answer 26

True

Question 27

RAPE IS EASILY FABRICATED “ An accusation of rape is easy to make, difficult to prove and even more difficult to disprove.”

Answer 27

1st doctrine in the three-fold principles followed by courts in evaluating evidence in rape cases. Based on the generalization that "unfounded charges of rape have frequently been proffered by women actuated by some sinister, ulterior, or undisclosed motive". This generalization has no empirical basis. US Study: Only 10% of all rapes are ever reported and fewer than 5% of those reported cases are later proven to be false. An accusation of rape is NOT easy to make. It takes tremendous courage for a woman to collect her wounded dignity, her sullied clothing, her bruised body, and report the rape to the authorities. It is difficult to prove a claim of rape because of the general attitude of disbelief towards rape victims and the prejudices they encounter when they try to seek justice.

Question 28

“Filipina of Decent Repute” Doctrine “It is hard to believe that an unmarried woman… would publicly declare that she had been raped, thereby practically foreclosing the probability of a happy married life; exposing herself to the ordeal and embarrassment of public trial, submitting her private parts to examination, allowing her honor and reputation to be sullied and heaving upon herself untold humiliation, unless she is motivated by a strong desire to bring to justice the culprit who has grievously wronged her.” “No young Filipina would publicly admit that she was ravished and her honor tainted unless such was true, for it would be instinctive for her to protect her honor.” “…it is very unlikely for such a young girl, sexually inexperienced as she is to fabricate a story of defloration, allow examination of her private parts and permit herself to be subject of a public trial if it is not true that she has been raped…That no decent girl would expose herself to humiliation and public scandal unless she is motivated by a strong desire to seek justices.”

Answer 28

These pronouncements give the impression of sensitivity to the plight of women victims and bias in their favor but they actually rest on a false premise: that only those of decent reputation can possibly be sexually abused. This is truly discriminating against those who do not fit society’s standards of a “decent Filipina” This doctrine reflects the presumption of “chastity” in women who are young, rural, conservative or uneducated and reinforces society’s double standard in the sexual practices of women and men ( man’s masculinity and status is determined by his sexual conquests, a woman is expected to preserve her “virginity” until her marriage) The emphasis on “chastity”, “decent reputation” or “virginity” has no statutory basis because it is not an element in the legal definition of rape. FACT: Rape can happen to any woman at any time and any place. The moral character of a rape victim is immaterial in the prosecution and conviction of the accused. Even women in prostitution can be the victims of rape.

Question 29

Myths perpetuate the Adam and Eve syndrome this myth is when a man is believed to be the innocent victim of the evil and seductive temptress -- the woman The idea of the evil woman tempting the innocent man is perpetuated in many rape myths. We blame women for rape if they are not wearing a bra or if they are wearing a short skirt. We accept the myth that, much like Adam, the poor innocent man cannot control his sexual desires when confronted by a woman he finds attractive.

Answer 29

Myths perpetuate the Adam and Eve syndrome this myth is when a man is believed to be the innocent victim of the evil and seductive temptress -- the woman The idea of the evil woman tempting the innocent man is perpetuated in many rape myths. We blame women for rape if they are not wearing a bra or if they are wearing a short skirt. We accept the myth that, much like Adam, the poor innocent man cannot control his sexual desires when confronted by a woman he finds attractive.

Question 30

The Philippine Supreme Court has come up with doctrinal pronouncements which facilitate the establishment of a rape or sexual abuse victim's credibility. However, before the court is able to rely on said doctrine, the victim must still meet certain criteria for her testimony to become credible. She must be young, appear innocent, not have ill motives against the rapist or abuser, and must have been chaste prior to the incident.

Answer 30

true

Question 31

Maria Clara doctrine gives the impression of sensitivity to the plight of women victims and bias in their favor. But it actually rests on a false premise: That only those of decent reputation can possibly be raped. This is truly discriminating against those who do not meet society's standards of a decent Filipina.

Answer 31

true

Question 32

Implication on SC decisions on rape cases: The overall success rate of complaints who actually were to believe have no prior sexual experience was a whooping 95%. In start contrast, only 32% of the single, non-virgins won their cases (WLB) This doctrine reflects on the presumption of chastity in women who are young, rural, conservative, or uneducated. It also reinforced society's double standard in the sexual practices of women and men. A man's masculinity and status is determined by his sexual conquests. A woman is expected to preserve her virginity until her marriage It thus created a dichotomy between good, virginal women who are fit for marriage, and the bad, promiscuous ones who have no defense against abuse. The emphasis on chastity, decent reputation, or virginity has no statutory basis because it is not an element in the legal definition of rape.

Answer 32

Filipina of decent repute doctrine

Question 33

“Assault on Chastity, Virtue or Honor” Doctrine or Woman of Honor Doctrine It is unthinkable that a 15-year-old rural lass would fabricate a rape charge against her every own father and consequently expose herself to the dishonor, humiliation and embarrassment of a medical exam and public trial as well as taint her chastity for life, simply to take recently for the physical maltreatment inflicted upon her. While this emphasis on virtue, honor, and chastity does help obtain a conviction in many cases, it has proved detrimental for certain groups of women who cannot claim to be "virtuous", "chaste" or "honorable" in the standards of society.

Answer 33

true

Question 34

Stormy Daniels came out with sexual harassment allegations against US President Donald Trump. Many refused to believe her testimony on account of her background as a sex worker in the sex industry. Worse, there were those who faulted her for the harassment she experienced, Others put a premium on the non-disclosure and settlement agreement she signed with trump, saying that she should have honored the same. In fact, her coming forward is now being taken against her by trump's legal team.

Answer 34

True

Question 35

Rape is not about honor sullied forever or chastity lost. it is about the violation of personhood, dignity, and bodily and psychological integrity. Rape deeply wounds the respect, freedom, physical, and moral integrity to which every person has a right. it is an outrage upon decency and dignity that hurts not only the victim but the society itself.

Answer 35

True

Question 36

Doctrine of Tenacious Resistance Rape victims always show resistance. Absence of any proof of struggle or tenacious resistance, it is likely that the sexual intercourse was consensual. There is always the question "Why did you not resist?" asked in many ways that imply fault upon the victim. Sometimes, it does not come in an interrogatory tone but an imposition based on one's actions, clothing, relations, previous actuations, and general disposition.

Answer 36

true

Question 37

"You did not resist" is weighed against the positive assertion of the victim that she did, asking her to prove by physical and mental pain or trauma the fact of her non-consent. True, there is jurisprudence saying that physical resistance is not necessary for there to be rape. But more recent cases have shown the Court's propensity to vacillate in the application of the doctrine on tenacious resistance.

Answer 37

true

Question 38

Force as an element of rape must be sufficient to consummate the purposes which the accused had in mind. On the other hand, intimidation must produce fear that if the victim does not yield to the bestial demands of the accused, something would happen to her at that moment or even thereafter as when she is threatened with death if she reports the incident. Intimidation includes the moral kind as the fear caused by threatening the girl with a knife or pistol. In this case, the prosecution established that appellant was an 18 yr old man who had sexual intercourse with AAA< a woman who was 24 years old during the incident. However, there was no evidence to prove that the appellant used force, threat, or intimidation during his sexual congress with AAA. No allegation whatsoever was made by AAA that Meneses employed force, threat, or intimidation against her. No claim was ever made by the appellant physically overpowered or used or threatened to use a weapon against, or uttered threatening words to AAA. While AAA feared for her life since a knife lying on the table nearby could be utilized to kill her if she resisted, her fear was a mere product of her own imagination. EVen assuming in the nil possibility that Meneses was able to force or instill fear in AAA's mind, it should be noted that he was already gone when the appelant asked AAA for a sexual favor. In other words, the source of the feigned force, threat, or intimidation, was no longer present when the appellant casually asked his friend, AAA, if she can do it one more time. AAA did not respond either in the affirmative or in the negative.

Answer 38

True

Question 39

Resistance must be manifested and tenacious. A mere attempt to resist is not the resistance required and expected of a woman defending her virtue, honor, and chastity. Anf granting that it was sufficient, AAA should have done it earlier or the moment appellant's evil design became manifest. In other words, it would be unfair to convict a man of rape committed against a woman who, after giving him the impression through her unexplainable silence of her tacit consent and allowing him to have sexual contact with her, changed her mind in the middle and charged him with rape.

Answer 39

according to supreme court

Question 40

This doctrine proceeds from the erroneous premise there is a standard behavior that can be expected of women during a rape attack and that, in every case, when a woman's chastity is threatened she will exert every effort to protect it, whether by violent resistance, escape attempts, or screams for help. In many rape cases, the truthfulness of a woman's accusation is measured by the amount of resistance she was able to muster against the accused. This does not take into account the peculiarities of a rape situation and the range of copping strategies that victims resort to during a rape attack. The fact is no woman wants to be raped. When a woman says no to a rapist, this itself it resistance. Stronger forms of resistance cannot be expected of women who may be psychologically or physically intimidated.

Answer 40

True

Question 41

The law on rape provides that any physical overt act manifesting resistance against the act of rape in a y degree form the offended party, or where the offender party is situated as to render her/him incapable of giving valid consent, may be accepted as evidence in the prosecution of the act. For rape to be committed, it is not necessary that there be marks of physical violence on the victim's body. The absence of physical injuries on the victim does not negate the commission of rape.

Answer 41

True

Question 42

Rape is a life-threatening situation. During the rape, the woman experiences shock and fright approaching panic. Her prime motivation is to stay alive. Victims have tried to defend themselves by fighting physically, by screaming for help, by running in an attempt to escape the attacker, by reasoning with the offender, or just by talking in the hope of establishing some kind of human connection that will make the rapist reconsider the attack. Indeed, resistance to rape is expressed in various forms. Resistance may not always be the best course of action as this may only get the victim savagely beaten or killed A simple "NO," viewed in the context of all the circumstances of the assault and the psychological dynamics of the victim, conveys resistance.

Answer 42

true