POLICY ENVIRONMENT
10 https://www.researchgate.net/publication/322633085_AGE_ AT_MENARCHE_AND_SEXUAL_DEBUT_AMONG_YOUNG_ FILIPINO_WOMEN 11 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4560573/ 12 https://www.ageofconsent.net/world 13 Ibid 14 UN CRC Concluding Observations (2009) 15 UNICEF, 2015 in NBS-VAC Systematic Literature Review 16 House Bill Nos. 210, 480, 1689, 2707, 3735, 4160, 5795, 6073, 4449, 6215; Senate Bill Nos. 163, 305, 739, 762, 1652 17 People v. Garcia, G.R No. 200529, September 19, 2012, 681 SCRA 465, citing People v. Mingming, 594 Phil, 170, 185-186 (2008) “Statutory rape is committed by sexual intercourse with a woman below 12 years of age, regardless of her consent, o r the lack of it to the sexual act. Proof of force, intimidation or consent is unnecessary as they are not elements of statutory rape, considering that the absence of free consent is conclusively presumed when the victim is below the age of 12. At that age, the law presumes that the victim does not possess discernment and is incapable of giving intelligent consent to the sexual act.” 17 For statutory rape, the child only needs to prove two things: 1) his or her age and 2) the sexual act happened In People v. Garcia, the Supreme Court specified how statutory rape is committed: LEGISLATIVE PROPOSALS This 18th Congress, there are ten (10) bills in the House of Representatives (HRep) on increasing the age to determine while there are five (5) bills in the Senate. 16 The policy proposals recommend different ages for sexual consent. AGE HOUSE OF REPRESENTATIVES SENATE 15 1 16 8 2 18 2 2
What is the age to determine statutory rape? It is the minimum age used to determine whether a sexual act with a person is considered a crime. The age to determine statutory rape is important because it is the minimum age at which a child is considered to lack the maturity to deal with or to say no to sexual acts and therefore they are not legally capable of giving consent. 15 It applies regardless of whether the child “consented” to the sexual act/s. Laws establish this age to protect children from sexual abuse and exploitation, especially by adults, rather than to criminalize consensual, non-exploitative, sexual activity between young people. 15 Law governing to determine the age of statutory rape in the Philippines The UN Committee on the Rights of the Child (2009), the body which monitors the implementation of the Convention on the Rights of the Child, observed that the Philippines did not have a legal definition of the minimum age of sexual consent and recommended establishing one. The closest thing is found in the country’s statutory rape law.
Statutory rape is governed by two laws. • Revised Penal Code, Article 266-A • The crime of rape was amended by the anti-rape law of 1997 R.A. 8353. The age of 12 was retained.
Made with FlippingBook Converter PDF to HTML5