Full text of the Republic Act No.

8353 (The Anti-Rape Law of 1997)

REPUBLIC ACT NO. 8353
AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASSIFYING THE SAME AS A
CRIME AGAINST PERSONS, AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
SECTION 1. Short Title. - This Act shall be known as The Anti-Rape Law of 1997.
SECTION 2. Rape as a Crime Against Persons. - The crime of rape shall hereafter be classified as
a Crime Against Persons under Title Eight of Act No. 3815, as amended, otherwise known as the
Revised Penal Code. Accordingly, there shall be incorporated into Title Eight of the same Code a
new chapter to be known as Chapter Three on Rape, to read as follows:
Chapter Three
Rape
Article 266-A. Rape: When And How Committed.
Rape is committed:
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 otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority; and
d) When the offended party is under twelve (12) years of age or is demented, even
though none of the circumstances mentioned above be present.
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 persons mouth
or anal orifice, or any instrument or object, into the genital or anal orifice of another person.
Article 266-B. Penalty. - Rape under paragraph 1 of the next preceding article shall
be punished by reclusion perpetua.
Whenever the rape is committed with the use of a deadly weapon or by two or more
persons, the penalty shall be reclusion perpetua to death.
When by reason or on the occasion of the rape, the victim has become insane, the
penalty shall become reclusion perpetua to death.
When the rape is attempted and a homicide is committed by reason or on the occasion
thereof, the penalty shall be reclusion perpetua to death.
When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall
be death.
The death penalty shall also be imposed if the crime of rape is committed with any of the
following aggravating/qualifying circumstances:
l) When the victim is under eighteen (18) years of age and the offender is a parent,
ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil
degree, or the common-law spouse of the parent of the victim;
2) When the victim is under the custody of the police or military authorities or any law
enforcement or penal institution;
3) When the rape is committed in full view of the spouse, parent, any of the children or
other relatives within the third civil degree of consanguinity;
4) When the victim is a religious engaged in legitimate religious vocation or calling and is
personally known to be such by the offender before or at the time of the commission of the
crime;
5) When the victim is a child below seven (7) years old;

6) When the offender knows that he is afflicted with the Human Immuno-Deficiency Virus
(HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease
and the virus or disease is transmitted to the victim;
7) When committed by any member of the Armed Forces of the Philippines or paramilitary units thereof or the Philippine National Police or any law enforcement agency or penal
institution, when the offender took advantage of his position to facilitate the commission of the
crime;
8) When by reason or on the occasion of the rape, the victim has suffered permanent
physical mutilation or disability;
9) When the offender knew of the pregnancy of the offended party at the time of the
commission of the crime; and
10) When the offender knew of the mental disability, emotional disorder and/or physical
handicap of the offended party at the time of the commission of the crime.
Rape under paragraph 2 of the next preceding article shall be punished by prision mayor.
Whenever the rape is committed with the use of a deadly weapon or by two or more
persons, the penalty shall be prision mayor to reclusion temporal.
When by reason or on the occasion of the rape, the victim has become insane, the
penalty shall be reclusion temporal.
When the rape is attempted and a homicide is committed by reason or on the occasion
thereof, the penalty shall be reclusion temporal to reclusion perpetua.
When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall
be reclusion perpetua.
Reclusion temporal shall be imposed if the rape is committed with any of the ten
aggravating/ qualifying circumstances mentioned in this article.
Article 266-C. Effect of Pardon. - The subsequent valid marriage between the
offended party shall extinguish the criminal action or the penalty imposed.
In case it is the legal husband who is the offender, the subsequent forgiveness by the
wife as the offended party shall extinguish the criminal action or the penalty: Provided, That the
crime shall not be extinguished or the penalty shall not be abated if the marriage is void ab
initio.
Article 266-D. Presumptions. - Any physical overt act manifesting resistance against
the act of rape in any degree from the offended party, or where the offended party is so
situated as to render her/him incapable of giving valid consent, may be accepted as evidence
in the prosecution of the acts punished under Article 266-A.
SECTION 3. Separability Clause. - If any part, section, or provision of this Act is
declared invalid or unconstitutional, the other parts thereof not affected thereby shall remain
valid.
SECTION 4. Repealing Clause. - Article 336 of Act No. 3815, as amended, and all laws,
acts, presidential decrees, executive orders, administrative orders, rules and regulations
inconsistent with or contrary to the provisions of this Act are deemed amended, modified or
repealed accordingly.
SECTION 5. Effectivity. - This Act shall take effect fifteen (15) days after completion of
its publication in two (2) newspapers of general circulation.
Approved:
(SGD.) JOSE DE VENECIA, JR.
Speaker of the House of Representatives
(SGD.) ERNESTO M. MACEDA
President of the Senate

This Act, which is a consolidation of Senate Bill No. 950 and House Bill No. 6265, was
finally passed by the Senate and the House of Representatives on June 5, 1997 and September
3, 1997, respectively.
(SGD.) ROBERTO P. NAZARENO
Secretary General
House of Representatives
(SGD.) LORENZO E. LEYNES, JR.
Secretary of the Senate
Approved: September 30, 1997
(SGD.) FIDEL V. RAMOS
President of the Philippines

The Realities of Prosecuting Incestuous Rape Cases:

The Sexually Abused Child and Lawyer-Friend Perspectives*
Atty. Jocelle E. Batapa
Women Studies Program, University of Saint La Salle, Bacolod City
E-mail: jocellebatapa@eudoramail.com
Human beings who engage in the unnatural relationship of incest descend to lower than the
level of the beast. When that situation is forced the miscreant sinks even below the amoral
animal, which, when it mates with its kin, breaches no law or convention. The person who
forces himself upon his own relative knows he is committing an enormous and un-human
wrong that cannot even be described as animal perversion. If knowing this, he still chooses to
satisfy his lust, he demonstrates a depravity that cannot even be imputed to the beast.
(CRUZ, J., FIRST DIVISION, PEOPLE OF THE PHILIPPINES vs. NECEMIO JOAQUIN y
GAMBOA, JR., G.R. Nos. 98007-08. August 5, 1993)
Victimized daughters are not only denied the right to bodily integrity, but to the very self which
is the core of autonomous personhood. (Jacobs, Janet Liebman, Victimized Daughters:
Incest and the Development of the Female Self, 1994 ed., Routledge, New York,
U.S.A., p. 76.)
INCEST, either as an act or a relationship could easily be one of the most bestial
activities that human beings engage into, and yet sadly, laws are absent to clearly
define and penalize said concept. The usual notion on incest relies on consanguinity
or relationship by blood. Yet, it may actually embrace relationships not founded on
blood but upon other ties recognized by and dependent upon the laws of a particular
state or country.
According to Blacks Law, incest is a crime of sexual intercourse or cohabitation
between man a woman who are related to each other within the degrees wherein
marriage is prohibited. A person is guilty of incest, a felony of the third degree, if he
knowingly marries of cohabits or has sexual intercourse with an ancestor or
descendant, a brother or a sister of the whole or half blood (or an uncle, aunt,
nephew or niece of the whole blood). (Black s Law Dictionary, Fifth edition).
In the Philippines, incest is defined as the sexual intercourse of a man and a woman
related to each other in any of the degrees within which marriage is prohibited by law.
It refers to sexual intercourse between persons so nearly related for that reason they could not
enter into a valid marriage. The degrees of relationship vary greatly from jurisdiction to
jurisdiction. Incest generally makes marriage wholly void, and annulment is unnecessary,
although permitted for the purposes of establishing a record of invalidity. Under the Civil Code,
incest exists if a marriage occurs between ascendants and descendants of any degree, brothers
and sisters, whether of the full or half blood and between collateral relatives by blood within
the fourth civil degree. (Philippine Legal Encyclopedia, Jose Agaton R. Sibal 1991
Reprinting)
*Presented during the Womens Studies Association of the Philippines (WSAP) Luzon
Convention held in University of the Philippines Los Banos, Laguna last October 23-25, 2000.
With the enactment of Republic Act 7659 (An Act to Impose the Death Penalty on
Certain Heinous Crimes, Amending for that Purpose the Revised Penal Code, as
Amended, Other Special Laws, and for Other Purposes) in 1993, incest has directly been
established as a qualifying circumstance for the imposition of capital punishment. The law
provides that the death penalty shall be imposed if the crime of rape is committed and the
victim is under eighteen (18) years of age and the offender is a parent, ascendant,

step-parent, guardian, relative by consanguinity or affinity within the third civil

degree, or the common-law-spouse of the parent of the victim.
Jurisprudence also considers the incestuous father violates the childs emotional being as his
gratification instills an unnamed trauma in her innocent mind when she still cannot understand
the meaning of sexual behavior. By inflicting the primitive, bestial act of incestuous lust on his
own blood, the offender deserves to forfeit his place in human society. To allow him to resume
normal relations with his fellow beings would surely pose the greatest danger since he had
already descended to a level lower than the odious beast.
The crime is so monstrous that no punishment which this Court or any other human tribunal
can decree could possibly provide sufficient expiation for the offense. The proliferation of
incestuous rape of minors, a crime which figuratively scrapes the bottom of the barrel of moral
depravity, is a revolting phenomenon in a Catholic country like the Philippines such that it was
not even anticipated in special penal laws. (FIRST DIVISION, PEOPLE OF THE PHILIPPINES vs.
FELIPE SANGIL, SR., G.R. No. 113689. July 31, 1997)
While the law does not explicitly mention incest or incestuous relationship as an attendant
circumstance, RA 7659 provides for a better delineation between unqualified rape and
incestuous rape. Just like the differentiation provided by the law between unqualified rape and
statutory rape or where the victim is under 12 years old or is demented.
The laws, however, only provide remedies, but it does not actually speak of the realities that
beset the real life courtroom drama involving a case of incestuous rape. While the laws may be
clear, the facts that will have to find support from these laws need to be clearly established at
the same time. To meet this objective, an advocate, the childs guardian, social worker, or
lawyer, need to face a variety of obstacles to approximate justice. Almost commonly, the victim
of incestuous rape is a child, who cannot for her youthfulness, innocence and trustful attitude,
fight for her virtues.

Objective of the Study

This study aims to determine and illustrate the various factors that adversely affect the
discovery, investigation, prosecution and resolution of crimes involving incestuous rape despite
the sense of priority that our laws have given the concept.
As part of its methodology, the study will utilized actual data from an existing institution in
Bacolod City. The Holy Family Home Bacolod Foundation, Inc. is run by the Capuchin Tertiary
Sisters of the Holy Family located in Barangay Cabug. It serves as a home to children who are
victims of sexual abuse in Bacolod City and from all the towns and cities of the Province of
Negros Occidental.
Existing Cases
Although the said institution houses about forty children at present, this study was able to
document only those cases already filed in court and those with corresponding studies by social
workers.
Out of the 24 rape cases documented, 16 cases are incestuous in nature and only 8 cases
involve strangers as perpetrators. This fact will show that the sexual abuse of minor children is
commonly perpetrated by those related to them by blood or affinity.
There are 22 offenders in these 16 cases, sine in some cases, there is only one victim but
several offenders. Of these number of offenders 9 fathers, 4 stepfathers, 4 brothers, 2
grandfathers, 2 uncles and 1 adopting father or guardian. This fact will show that the most

common offenders are fathers resulting to 14 first-degree incest rapes, including that of
stepfathers and adopting father. In short, more than fifty percent of the cases were perpetrated
by fathers or those considered as fathers by the victims.
Not only are the cases mostly incest but they also fall under statutory rape where the victim
is below 12 years old. Fifty percent of the incestuous rape or eight of the cases, in fact are
statutory rape. Seven of the victims were 12 years old when they were raped. Three of them
were 7 years old. Two were 11 years old. One was 10. Another was 9, and another was 6 years
old. Only one was above 12 years old (14 years old) when she was raped. This fact will show
that the children are in their most vulnerable ages, and are therefore, so dependent for
material and emotional support from their parents or parental symbols, so to speak.
Among the peculiarities worth mentioning in each of the cases are the following:
In one case, 3 brothers and the father started raping the victim from age 12. In another case, a
brother and father raped 4 daughters and sisters. In another, a father of 2 daughters raped
them both starting age 7 to 15, without these victims knowing the rape of the other.
In another case, the rape was accompanied by maltreatment. A victim was raped from age 7 to
9 by her stepfather. Another victim was subjected to acts of lasciviousness when she was 8 and
eventually raped at age 9. In one case, a stepfather raped her two stepdaughters. A
stepdaughter was raped at age 6 and age 8 by another stepfather. In another case, both her
grandfather and uncle raped the victim.
Out of these 24 rape cases of minor children, eleven offenders are still at large.
Respondents Data
Given these data, several respondents comprising of judges, lawyers, prosecutors and public
attorneys were asked to answer a standard questionnaire to determine various concerns. Four
stages involved with incestuous rape cases were identified as follows: Discovery of the Crime,
Investigation, Prosecution and Resolution of the Case.
Majority of the respondents were involved in the investigation and prosecution of the cases.
Only two were part of the discovery of the crime and about forty percent, most composed of
judges, were involved in the resolution of cases.
Majority of the respondents says that the most difficult stage for the child or victim is the filing
of the case in court. This is the first statement or the revelation that she has been abused by a
person she trusted. The respondents believe that the relationship between parties makes it
hard for the victim to seek justice.
At this stage, the traumatic experience of the child is characterized by fear to divulge the crime
as a result of the threats and confusion coupled with uncertainties as to what lies ahead after
the discovery of the crime. Oftentimes, this part is attended by social inhibitions, shame and
the guilt that somehow she contributed or was instrumental in the commission of the offense.
Other respondents believe it is the investigation that is difficult for the child because she will be
made to reveal and recall and recall the sordid circumstances surrounding her dishonor to the
investigator. It is very difficult for the child to testify against a relative. It is the time when the
child has to open up and expose her unfortunate experience to people she doesnt know or
trust.
Just like investigation, several respondents said the prosecution stage would also be difficult
also because the child will be subjected to grueling cross-examination.

On the query as to which stage is the most crucial to the success of the case, majority of the
respondents believe it is the prosecution. Here, the testimony of the child is needed for the
resolution of the case. Hence, the desire of the child to testify or not is important.
Even if one has a case, if the child refuses to testify, it will be difficult to difficult to prosecute
without her testimony, because in almost all instances, there are no other witnesses. The
success or failure of the prosecutor depends on the kind of evidence he or she has.
The competence of the prosecutor is vital to the success of the case because inaccuracies in
the preparation of the information and presentation of the evidence may set at naught all the
efforts exerted by the investigators and resulting either to the acquittal of the malefactor or the
downgrading of the crime.
For some respondents, the investigation of the case is crucial to its success because at this
stage a lot of preparation is required and a good preparation is the be all end all of rape
prosecution. This includes the early report of the incident and gathering of evidence.
Several respondents consider all three stages as important: discovery, investigation and
prosecution because the fruits of said stages determine the success and failure of the case.
As to the query of which stage is the most difficult for the lawyer, all respondents agreed that it
is the prosecution stage. This stage is characterized by the fear that the complainant may or
may not pursue the case after all. They believe that prior to the presentation of the victim in
court, she might change her mind or not cooperate.
It is also in this stage when the factor of gender bias sets and the lack of the minor childs
ability to articulate salient legal points needed to pin down the accused.
The prosecution is the most difficult stage because the lawyer has to exert utmost effort of
convincing the child to do away with her fears, fully cooperate in the prosecution by being open
or candid to the lawyer without any reservation and encourage her to gain strength in order to
overcome the rigors of the trial and above all the concomitant public humiliation or ridicule.
Some respondents consider the investigation stage as hard for the lawyer since here the lawyer
will have to seek for witnesses and evidence to support uncorroborated allegations of the child.
In addition to these questions, the respondents were made to rank the following factors:

Factors Contributing to the Delay, Difficulty or Failure of Discovering the Crime :

Relationship between Offender and Victim--Culture of Filipinos--Age of the Victim--Lack of agencies to support victims--Fear--Ignorant mother--Lack of authorities to aid the victim---

10 respondents
8 respondents
6 respondents
2 respondents
2 respondents
1 respondent
1 respondent

Factors Contributing to the Delay, Difficulty or Failure of Investigating the Crime:

Relationship between the Offender and the Victim --Culture of Filipinos--Age of Victim--Lack of authorities to aid the victims---

10 respondents
7 respondents
5 respondents
4 respondents

Lack of agencies to support victims--Indifference of relatives to bring accused to court---

4 respondents
1 respondent

Factors Contributing to the Delay, Difficulty or Failure of Resolving Crime in Favor of

the Victim:
Relationship of the offender and victim--Deficiency in the stage of investigation--Lack of agencies to support the victim--Deficiency in prosecution--Lack of witness/evidence--Culture of Filipinos--Deficiency of stage of discovery--Lack of authorities to aid victims--Age of victim---

5
5
4
4
4
4
2
2
1

respondents
respondents
respondents
respondents
respondents
respondents
respondents
respondents
respondent

Among the other factors cited was poverty of the victim and all the relatives supporting her,
thus resulting in the loss of interest in the successful prosecution of the case, which oftentimes
takes a long period due to several factors, inadequate number of judges, prosecutors, public
attorneys (oftentimes defending the accused), lack of transport facilities to bring the accused
to Court, congested court dockets and dilatory tactics by such counsels.
When asked as to the factors that sets the crime apart from other crimes, majority of the
respondents believe it is the relationship between the parties involved. The love of the father
and the hatred brought about by the incident usually puts complainant into a dilemna whether
or not to pursue or dismiss the case, resulting from acts which are considered as bestial and
repulsive. A lot of emotions are involved for both the sides of the victim and the accused. These
emotions stem from intricacy of the relationship between the offender and the offended party.
One has to consider the family as a whole, the implications vis--vis the other family members
and their welfare.
Some respondents also consider this kind of crime as sensational where the element of trial by
publicity is usually present. There is concomitant public humiliation that the victim has to
undergo and the consequent ostracism for being a rape victim. Thus, more often than not, the
successful prosecution of the offender becomes difficult due to the lack of cooperation on the
part of the victim not to mention the difficulty of discovering the crime unless accidentally
discovered. This being another characteristic of incestuous rape cases: the difficulty in its
discovery.
In incestuous rape, the one who investigates, oftentimes also find it difficult to separate their
biases and prejudices in resolving the case.
Another important aspect is the need to rehabilitate not only of the victim but the accused
especially if he is also minor.

Jurisprudence
To test the data accumulated, jurisprudence will be used. What is the highest Court of the
land has to say in their decisions involving incest prepares a child and her lawyer for the basic
realities of a courtroom battle. Some of these pronouncements are, to wit:
Nature of the Crime:

In Wilkinson vs. People, 282 Pac. 257, the crime was considered an outrage upon nature in its
dearest and tenderest relations as well as a crime against humanity itself.
Weight of Victims Testimony:
In considering the weight of he victims testimony, jurisprudence said that unless she was
telling the truth, the rape victim would not deliberately identify herself as such and expose
herself to public disgrace and the embarrassment of having testify on the sordid details of her
violation. This would be especially true if the ravisher was her own father as the humiliation
would be compounded by the stigma of incest and there would be the natural reluctance, born
of an underlying filial loyalty, to denounce her own kin. But it does not necessarily mean that
once the charge is made, the conviction of the accused would follow as a matter of course.
(FIRST DIVISION, PEOPLE OF THE PHILIPPINES vs. PORFERIO IGNACIO, G.R. No. 990318. July 24,
1992.)
Degree of Resistance on the Part of the Victim:
In cases of rape, the manner, form and tenacity of resistance of the victim therein are
dependent on a number of factors, among which are the age and size of the victim, as well as
of the aggressor himself; the degree of actual force and intimidation employed; and, of utmost
importance, the relationship between the rapist and his prey.
The absence of violence or offer of resistance would not be significant because of the
overpowering and overbearing moral influence of the father over the daughter which takes
place of violence and offer of resistance required in rape cases committed by an accused
having no blood relationship with the victim. (SECOND DIVISION, PEOPLE OF THE PHILIPPINES
vs. HONORIO G. MABUNGA, G.R. No. 96441. November 13, 1992.)
Indeed, the kind of force or violence, threat or intimidation as between father and daughter
need not be of such nature and degree as would be required in other cases, for the father in
this particular instance exercises strong, moral, and physical influence and control over his
daughter (People vs. Rinion, C.A., 61 O.G. 4422; 2 Reyes, Revised Penal Code, First ed., 1977,
p.827; People vs. Carino, Sr., 167 SCRA 285 [1988]; People vs. Hortillano, 177 SCRA 729
[ 1989]).
Effect of Delay in Reporting the Case:
In a long a line of cases, delay in reporting rape incidents, in the face of threats of physical
violence, cannot be taken against the victim. A rape victims actions are oftentimes
overwhelmed by fear rather than by reason. It is this fear, springing from the initial rape, that
the perpetrator hopes to build a climate of extreme psychological terror, which would, he
hopes, numb his victim into silence and submissiveness. Incestuous rape magnifies this terror,
because the perpetrator is a person normally expected to give solace and protection to the
victim. Furthermore, in incest, access to the victim is guaranteed by the blood relationship,
proximity magnifying the sense of helplessness and the degree of fear. No matter how
courageous the act of filing a complainant might appear to be, rape exacts a heavy
psychological and social toll on the victim who is usually twice victimized: by the rapist during
the act of rape and by a society which devalues the victims worth by characterizing the crime
principally as an insult to the victims chastity. With all the attendant social consequences such
as classification brings, many cases of rape go naturally unreported, and those cases which
manage to reach the authorities are routinely treated in a manner so demeaning to the victims
dignity that the psychological ordeal and injury is repeated again and again in the hands of
inexperienced, untrained and oftentimes callous investigators and courtroom participants. If a
woman would have second thoughts about filing an ordinary rape case, all the more would it be
difficult and painful for the child to complain against her own father.

Conclusion
Incestuous rape cases are a genre of their own. The data above clearly show that these cases
must be set apart from other crimes and treated as a distinct offense. Among the things we can
do to address the issues raised in these studies are the following:
1. Our penal laws should provide for sanctions to address and deter the proliferation of these
cases. While we protect our children from bodily harm and other injuries that may befall upon
their persons, who is to protect them from those are tasked to protect them, but violate their
trust instead?
2. Our remedial and criminal laws must provide for ways to lessen the stigma of the victims of
incestuous rape cases while still successfully prosecuting them. Sensitive modes of presenting
evidence may be conceptualizes to minimize the impact and trauma of investigation and court
litigation.
3. Authorities tasked to investigate and prosecute cases of incestuous rape must undergo rigid
and intensive training to become sensitive and equipped with the necessary skills to undertake
and handle these cases.
4. More agencies must be established to aid and support the victims of these cases, who are
usually displaced from their own homes, and are left at the custody of their investigators, who
do not usually have the resources to house and provide these children.
5. Educational support and rehabilitation measures must be available for the victims of
incestuous rape so that they will eventually be reintegrated into society as physically
productive and mentally healthy individuals.
6. Counseling and constant psychological examination must be conducted over the victims to
ensure their successful and complete rehabilitation.
7. A holistic approach must be observed by including the family of the victim in the
rehabilitation process, taking into careful consideration the feelings and welfare of the other
members of the family, including the offender himself.
8. Massive information campaign on the rights of the children must be given to parents as well
as community lecturers on responsible parenthood.
9. Educational curriculum must include sex and gender education for young children to teach
them of their rights towards their own physicality and to equip them with the awareness and
mechanism to determine any violation against their persons at an early stage, be it perpetrated
by strangers or kin.
10. The right to privacy of the victim and even the accused and confidentiality of the
proceedings must always be enforced.

Incest
Submitted by jessicab on Mon, 2006-02-27 18:28.
Introduction:
Incest is often included as a subset of Sexual Assault of Children. While there is a substantial
amount of overlap in the two types of assault, for the purposes of this website we have
separated them in recognition of the different needs that victims of each type of assault may
have.
Definition:
Sexual contact between persons who are so closely related that their marriage is illegal (e.g.,
parents and children, uncles/aunts and nieces/nephews, etc.). This usually takes the form of an
older family member sexually abusing a child or adolescent.
Incest is considered by many experts to be a particularly damaging form of sexual abuse
because it is perpetrated by indivuals whom the victim trusts and depends upon. In addition,
support can also be lacking and pressure to keep silent powerful as fear of the family breaking
up can be overwhelming to other family members.
CULTURAL NOTE: There are, however, different cultural expectations and rules about incest.
For instance, in some areas of the Arab world and southern India it is estimated that as many
as 50% of marriages occur between first cousins. In addition, in southern India it is still
common to see a maternal uncle (the mother's brother) marry the first daughter.
Incest can include such sexual acts as:
Noncontact acts- sexual comments, exposure, voyeurism, showing pornographic
materials, etc.
Sexual contact- touching, rubbing
Digital or object penetration- both of the victim and of the perpetrator
Oral sex- both of the victim and of the perpetrator
Penile penetration- vaginal, anal, animals
Circumstances of the sexual acts can also be diverse including:
Dyadic sexual abuse- involving two people (victim and perpetrator)
Group sex
Sex rings
Sexual exploitation
Child pornography
Child prostitution
Common Reactions:
Reactions in Children:
Withdrawal
Depression
Sleeping & eating disorders
Self-mutilation
Phobias

Psychosomatic symptoms (stomach aches, headaches)

School problems (absences, drops in grades)
Poor hygiene/excessive bathing
Anxiety
Guilt
Regressive behaviors- thumb-sucking, etc.

For reactions in adult survivors of incest please see Adult Survivors of Childhood Sexual Abuse
The following reactions are seen in child, adolescent and adult survivors of incest.
Traumatic Sexualization:
Aversive feelings about sex
Overvaluing sex
Sexual identity problems
Hypersexual or sexual avoidance
Stigmatization:
Feelings of guilt/responsibility for the abuse
Self-destructive behavior
o Substance abuse
o self-harm
o suicidal ideation
o risk-taking acts
o provocative behavior in order to encite punishment
Betrayal:
Lack of trust, especially of those who were supposed to be protective and nurturing
Avoidance of investment in others
Manipulative behaviors
Anger, acting-out and borderline behaviors
Re-enacting the trauma through involvement in additional abusive or dangerous
relationships
Powerlessness:
Perception of vulnerability, victimization
Desire to control and prevail- often exhibited as identification with the aggressor
Avoidance- including dissociation, running away
Anxiety- including phobias, sleep problems, eating problems, elimination problems,
revictimization
NOTE: It is important to note that there is no standard or typical symptom that can identify an
individual as having survived incest. Much of the reactions and symptoms will depend on age
at time of abuse, age at time of disclosure, support (or lack of support) from other caregivers,
length of abuse, sex of the victim and perpetrator, etc.
This section was adapted from materials provided by the Texas Association Against Sexual
Assault. Additional information for this section comes from Valente, S.M., Sexual Abuse of Boys
in Journal of Child and Adolescent Psychiatric Nurses, 18:1, p. 10-18 and Child Sexual Abuse:
Intervention and Treatment Issues, U.S. Department of Health and Human Services (1999).
Adult Survivors of Childhood Sexual Abuse
Submitted by jessicab on Tue, 2006-02-28 12:24.
CAVEAT: The following descriptions are meant to serve as a general guideline for how a victim
of sexual assault might react in a time of pain or crisis. It is important to recognize, however,
that each victim of sexual assault will have his or her own life experiences and personality that
will influence how he or she react to the assault.

Reactions:
There are many reactions that survivors of rape and sexual assault can have. But for adult
survivors of childhood abuse there are reactions that may either be different or stronger than
for other survivors. These include:
Setting Limits/Boundaries
Because your personal boundaries were invaded when you were young by someone you
trusted and depended on, you may have trouble understanding that you have the right
to control what happens to you.
Memories/Flashbacks
Like many survivors, you may experience flashbacks.
Anger
This is often the most difficult emotion for an adult survivor of childhood sexual abuse to
get in touch with.
As a child your anger was powerless and had little to no effect on the actions of your
abuser. For this reason you may not feel confident that you anger will be useful or
helpful.
Grieving/Mourning
Being abused as a child means the loss of many things- childhood experiences, trust,
innocence, normal relationship with family members (especially if the abuser was a
family member).
o You must be allowed to name those losses, grieve them, and then bury them.
Guilt, Shame, and Blame
You may carry a lot of guilt because you may have experienced pleasure or because you
did not try to stop the abuse.
There may have been silence surrounding the abuse that led to feelings of shame.
It is important for you to understand that it was the adult who abused his/her position of
authority and should be held accountable, not you.
Trust

Learning to trust again may be very difficult for you.

You may find that you go from one extreme to the other, not trusting at all to trusting
too much.

Coping Skills
You have undoubtedly developed skills in order to cope with the trauma.
o Some of these are healthy (possibly separating yourself from family members,
seeking out counseling, etc.)
o Some are not (drinking or drug abuse, promiscuous sexual activity, etc.)
Self-esteem/Isolation
Low self-esteem is a result of all of the negative messages you received and internalized
from your abusers.
Intimacy
Because entering into an intimate relationship involves trust, respect, love, and the
ability to share, you may flee from intimacy or hold on too tightly for fear of losing the
relationship.
Sexuality

You likely have to deal with the fact that your first initiation into sex came as a result of
sexual abuse.
You may experience the return of body memories while engaging in a sexual activity
with another person. Such memories may interfere in your ability to engage in sexual
relationships which may leave you feeling frightened, frustrated, or ashamed.

This section was adapted from materials provided by the Texas Association Against Sexual
Assault.