POLICY RECOMMENDATIONS Aside from raising the age to determine statutory rape, other policy reforms are necessary for a comprehensive approach to protecting children and promoting their developmental rights.
1. APPLICATION OF CLOSE-IN AGE EXEMPTIONS
It is proposed that a close-in age exemption is considered in the amendment of the law on increasing the statutory rape to recognize the sexual rights of young people. Nevertheless, young people’s decisions when engaging in sex with their peers must consider age differences which span in different development ranges: Early adolescence: 10-13 YEARS OLD Middle adolescence: 14-17 YEARS OLD Late adolescence: 18-19 YEARS OLD It is proposed for consideration that in determining the range of the close-in age exemption, the ambit of protection is extended to individuals who are 18-19 years old since they are still considered as adolescents. Studies have shown that certain regions in the brain of a teen are still in the process of development which affects their decision-making. It is therefore imperative that a teen, who has had consensual, non-exploitative, non-abusive sexual relations with another person should be protected from criminal liability. In protecting children from sexual violence, we also must be mindful of the fact that the maximum penalty for statutory rape may victimize adolescents, who, based on studies and experiments, think with their feelings. Nevertheless, the age difference specified must ensure that the ages of the individuals are not too far apart on their progression and development stage to avoid power imbalance in the sexual decision-making.
How much older or younger can a partner be for a 15 year old?
How much older or younger can a partner be for a 14 year old?
How much older or younger can a partner be for a 13 year old?
How much older can a partner be for a 12 year old?
The close-in age exemption to be proposed will only apply if the age of the partner falls within specific conditions.
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