Noven Belleza's Sexual Assault Case

The first It's Showtime Tawag ng Tanghalan grand champion Noven Belleza was arrested on Sunday night, July 16, 2017, after appearing at Vice Ganda's concert in Cebu, following the accusations of a 19-year old girl who alleges that the singer molested her (http://entertainment.inquirer.net/235225/abs-cbn-issues-statement-noven-belleza-sexual-assault-case).


The formal charge against Belleza is a crime of sexual assault.

The Anti-Rape Law of 1997 or Republic Act No. 8353 provides two forms of rape.  The first is rape by penetration and the second is rape by sexual assault.

Rape by sexual assault is committed "By any person who, under any of the circumstances mentioned in rape by penetration, 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."

How it is committed?  

It may be committed under any of the following circumstances:

1.  Through force, threat or intimidation;
2.  When the offended party is deprived of reason or is otherwise unconscious;
3.  By means of fraudulent machination or grave abuse of authority;
4.  When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.

Who would be charged with sexual assault?

As stated above, a crime of sexual assault may be committed by any person.  Thus, both a man and a woman may be charged with this crime. Unlike in rape by penetration that is committed only by a man.

Who would be the victim of sexual assault?

Unlike the rape by penetration wherein the victim is clearly stated as a woman, the crime of sexual assault's victim is any person.  Thus, both a man and a woman may be a victim of this crime.

How it is committed?  

It is committed by:

1.  Inserting the penis into another's person's mouth or anal orifice;
2.  Inserting any instrument or object into the genital or anal orifice of another person.

What is the penalty for the crime of sexual assault?

The crime of sexual shall be punished by prision mayor or imprisonment of 6 years and 1 day to 12 years.

Note that this crime is bailable.  

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