3. REPEAL ANTIQUATED LAWS AND IMPOSE STRICTER SEX OFFENCES AGAINST MINORS
A girl over 12 years old but below 18 years old who consented to sexual intercoursemay be considered as a victim of the crime of seduction; the crimes of simple seduction or qualified seduction under Articles 337 and 338 of the Revised Penal Code depending on the circumstances surrounding the crime committed. The qualifying elements of this crime depends on the circumstances of the special relationship between the victim and offender and the presence of deceit. The liability of the offender also hinges on the reputation of the victim. A victim of qualified seduction must be a woman who is a virgin while a victim of simple seduction must be a single or a widow of good reputation. It may be observed that the crime of seduction is considered as a crime against chastity wherein the protection is focused more on the character of the victim rather than the sexual abuse committed. 29 In fact, the Anti-Rape law has already gone against this notion, classifying rape as a crime against persons and not against chastity. In the amendment of the rape provisions, however, it seems that other provisions such as seduction were left behind. A more comprehensive law on statutory rape can address this issue and the crimes of seduction can be held repealed. If the age of consent will be set at 16 years old, it is therefore recommended that a new type of sex offence against minors for children above the age of consent but below the age of majority will be instituted. This will ensure that children will still be afforded protection even if they are above the age of consent.
2. APPLYING STRONGER PENALTIES TO GROOMING
Grooming is an act of developing a relationship with a child to enable their sexual exploitation, either online or offline. 28 It is proposed that the act of grooming should be charged with a corresponding penalty as statutory rape. This will serve as a strong deterrent to predators and pedophiles so that they will not engage in online conversations with minors which may lead to sexual relations. It is proposed that when grooming results in consummation or any acts of sexual abuse under Article 266-A, the offender shall be liable for rape.
12-13 | RAISING THE ALARM: A POLICY BRIEF ON INCREASING THE AGE OF STATUTORY RAPE
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