3. Drawing the line on the implications
The age difference and comparative maturity between the sexual partners should also be considered in determining the age of sexual consent and possible exceptions to the law. In cases where there is a relatively small difference in age, as determined by the law, between the partners, it may be argued that consent was not constrained by the imbalance in power.
SEX WITH ADULTS
SEX WITH PEERS
Protecting children from any form of manipulation or coercion leading to exploitation is the utmost priority. Charging the offence of statutory rape (over other sex offences which would merit a lower penalty) is important because it sets the line that sexual activity of adults with children is automatically prohibited. Providing the full protection for children from possible abuse or coercion from adults should be the higher priority than protecting the smaller minority who may be falsely accused. 21 Some opponents may argue that even if a child consents, it is unfair that an adult will still be guilty of rape. “The higherminimumage should serve as a clear deterrent for predators. In the current situation, a 50 year-old adult can repeatedly have sex with a 12 year old child and claim that the child gave consent. A judge who sees the same way would dismiss that case of sexual abuse. This legal environment may be a contributory factor to the reputation of the Philippines as a hotspot for sex tourism with children and sex trafficking.” 22
23% OF YOUTH BEGUN SEXUAL ACTIVITY BEFORE AGE 18 According to the Philippine Young Adult Fertility Survey 4 (2013) “According to the Philippine Young Adult Fertility Survey 4, 23% of youth have begun sexual activity before age 18. The proportion of young people engaging in early sexual initiation has increased steadily in the past two decades.” Legislation should ensure that it does not lead to overcriminalization of adolescent sexual activity. By making sexual activity illegal below an age where adolescents have already been observed to be sexually active may incur the risk of preventing them from accessing sexual and reproductive healthcare and information.
TREND IN SEXUAL INITIATION BEFORE AGE 18 AMONG YOUTH AGED 18-24, BY SEX: 1994, 2002 & 2013
MALE FEMALE BOTH
30% 10% 20%
24.6% 23.4% 22.3%
20.2% 16.3% 12.8%
13.8% 12.9% 12%
1994
2002
2013
GROOMING: A Pathway to Statutory Rape Children are vulnerable to online grooming which may escalate to sexual relations between adults and children. Trust of young people is gained through empathy and emotions through interactions in online platforms. In the Philippines, 50% of its 44 million internet users are children aged 17 years old and below. However, according to the Department of Education, 50% of children lacked awareness of the risks they face on the internet.
Grooming is an act of establishing a relationship, trust, or emotional connection with a minor and/or his or her family, guardians for the purpose of perpetrating sexual abuse of exploitation.
08-09 | RAISING THE ALARM: A POLICY BRIEF ON INCREASING THE AGE OF STATUTORY RAPE
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