Can A Man File A Case of Rape?

It is common in our society that when it comes to rape cases, it is usually a female who is a rape victim.  In fact, most of the rape cases filed in court are against men.  I bet you do not hear nor see in the news yet that a man files a rape case against someone.

Now the questions are, could a man be a victim of rape?  Could a man file a rape case against another in court?

To answer these questions, we have to discuss the provision of the Revised Penal Code that deals on rape.

Article 266-A of the Revised Penal Code states when and how rape is committed.  It gives us the two ways how rape is committed.  The first situation when and how rape is committed is:

1.  By a man who shall have carnal knowledge of a woman under any of the following circumstances:

a.  Through force, threat or intimidation;

b.  When the offended party is deprived of reason or is otherwise unconscious;

c.  By means of fraudulent machination or grave abuse of authority;

d.  When the offended party is under twelve years of age or is demented, even though none of the circumstances mentioned above be present.

The second situation when and how rape is committed is:

2.  By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.  (R.A. No. 8353, October 22, 1997)

Discussion:

Based on the first paragraph of the rape law, it is very clear that only a man may commit the crime of rape and it is only the woman who is a rape victim.  It is stated that rape is committed by a man who has carnal knowledge of a woman.  Carnal knowledge really means sexual intercourse.

But in the second paragraph, it is stated there that a rape is committed by any person.  Thus, considering that the provision talks generally, it covers both male and female.  Rape is committed by a man or woman.  Further, act of rape is this paragraph tells us that it is committed to any person.  Hence, the victim here is not specified whether it is only a woman or a man.  Again, what is stated in the provision is another person.  Thus, a victim in this case may be a man or woman.

However, in the second definition of rape, it talks only of a sexual assault.  It is not really the sexual intercourse that requires the penetration of a penis to a vagina.  It covers only the insertion of a man's penis into another person's mouth or anal orifice, or the insertion of any object or instrument into the genital or anal orifice of another person.

Hence, based on the second definition of rape, man may be a victim and he may file a rape case against any other person.