4. PROVIDE EQUAL PROTECTION FOR CHILDREN REGARDLESS OF SEX The current statutory rape law penalizes rape of boys as a lesser crime due to a lower penalty than rape of women. Rape by sexual assault carries a lower penalty (6-12 years imprisonment) than statutory rape (life imprisonment). The difference lies in the commission of the sexual act. In statutory rape, the sexual abuse contemplates the ‘traditional’ act of carnal knowledge meaning penetration of the penis into the woman’s vagina while rape by sexual assault contemplates the ‘non- traditional’ act of committing sexual abuse. The disparity in the law is particularly troubling in light of the results of the NBS-VAC which demonstrated that more boys than girls are victims of sexual violence. This further justifies amore comprehensive reviewand amendment of the rape law when it comes to not only age but also gender biases.
5. CREATE A STRONGER ENABLING ENVIRONMENT FOR PROMOTING ADOLESCENT SEXUALITY, SEXUAL HEALTH AS WELL AS PROTECTION FROM SEXUAL ABUSE The full implementation of the comprehensive sexuality education is critical in improving capability of young people in making informed decisions about sexual activity and more importantly, recognizing signs of sexual abuse or exploitation as well as the actions they can take to seek help. This entails including in the curriculum the concept of consent, recognizing sexual violence in all settings, healthy relationships and sexual and reproductive health services options. The extent that the young person has gained the relevant knowledge and experience to make informed decisions determines their competence. This relates to the knowledge they have gained through sex education and interactions with the adults in their lives. 30 Clearly, 12 years old is too young for children to make informed decisions given their limited exposure to information and experiences. It is further recommended that ages in other laws such as access to contraceptives and sexual and reproductive health services should also be harmonized to provide further protection for children from teenage pregnancies and sexually transmitted diseases.
29 Minimum Age of Sexual Consent in the Philippines: Legal Research and Legal Opinion (September 2007) by Tricia Clare a. Oco (UNICEF Philipppines) 30 Waites, M. (2005) The Age of Consent: Young People, Sexuality and Citizenship. Palgrave Macmillan.
Made with FlippingBook Converter PDF to HTML5