4 FACTORS TO CONSIDER IN SETTING THE MINIMUM AGE
Given the differing ages in the policy proposals, this policy brief provides information that legislators may use in their deliberations and decision-making to set the specific age of sexual consent to be legislated.
1. Balancing protection and recognizing sexual rights of children
The primary reason for increasing the age of sexual consent is to protect children from abuse and manipulation by adults. By virtue of the age difference and power imbalance, children are more vulnerable to manipulation and coercion of adults. The concept of “evolving capacities” recognizes that adolescents are right holders with capacities that evolve with age and maturity. This approach recognizes that the capacity to take responsibility and recognize the consequences of decisions happens at different ages for children and adolescents. 19 In light of Philippine cultural norms wherein sex is taboo, acknowledging the sexual rights and agency of adolescents means that consensual sexual activity between them should not be automatically penalized.
Minimum ages should not be too low to offer adequate protection but not too high to impede a child’s agency and fulfillment of rights. Determining the minimum age of sexual consent must balance the desire to promote a wider coverage of protection for children than already accorded in current laws yet, at the same time, without restricting their sexual rights. Setting minimum ages do not seek to restrict children’s ability to exercise their rights. Rather, they aim to enhance their protection by making sure that children will not have to make choices with consequences that they do not have the capacity yet to fully understand or which they may be taken advantage of due to power imbalance. The process of setting legal minimum ages must be focused on the best interests of adolescents. 18
06-07 | RAISING THE ALARM: A POLICY BRIEF ON INCREASING THE AGE OF STATUTORY RAPE
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