Incestuous Rape and the Death Penalty in the Philippines: Psychological and Legal Implications

Philippine Law Journal, Vol. 80, No. 4, June 2006

13 Pages Posted: 25 Feb 2009 Last revised: 27 Feb 2009

Date Written: June 1, 2006

Abstract

The majority of those on death row in the Philippines have been convicted of rape crimes, including rape of a minor, rape of a family member and other aggravated forms of rape. Looking at incestuous rape in particular, this paper will examine some of the psychological and legal difficulties of imposing the death penalty for such a crime. It will focus on the effects the administration of the death penalty has on the victim and the victim's family, as well as looking at some of the legal, evidential and procedural problems that arise in this jurisdiction's imposition of the death penalty for rape.

Despite the continued existence of the death penalty for incestuous rape, the number of reported cases has not diminished. Recognising this, local women's groups in the Philippines have called for the root causes of incest and other forms of violence against women to be addressed rather than imposing the death penalty for rape. This response will also be considered within the broader context of Filipino gender relations.

Keywords: Death Penalty, Rape

JEL Classification: K39, K42, L31

Suggested Citation

Kandelia, Seema, Incestuous Rape and the Death Penalty in the Philippines: Psychological and Legal Implications (June 1, 2006). Philippine Law Journal, Vol. 80, No. 4, June 2006, Available at SSRN: https://ssrn.com/abstract=1349153

Seema Kandelia (Contact Author)

University of Westminster ( email )

4 Little Titchfield Street
London, England W1W 7UW
United Kingdom

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