Duterte signs law raising age of statutory rape from 12 to 16
President Rodrigo Duterte signed a law that gives stronger protection against rape and sexual exploitation as he increased the age determining the commission of stautory rape from 12 to 16.
Republic Act No.11648, signed last March 4, amends RA No. 3815, otherwise known as the Revised Penal Code, Republic Act. No. 8353 also known as the Anti-Rape Law of 1997 and the RA No.7610 or the Special Protection of Children Against Abuse, Exploitation and Discrimination.
This law, which consolidates Senate Bill No. 2332 and House Bill No 7836, was passed by the Senate of the Philippines and the House of Representatives in December 2021.
The law states "that there should be no criminal liability on the part of a person having carnal knowledge of another person under 16 years of age when the age difference between the parties is not more than 3 years and the sexual act in question is proven to be consensual, non-abusive, and non-exploitative".
It also noted "that if the victim is under 13 years of age, this exception shall not apply".
It said "children, whether male or female who for money, profit or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious counduct are deemed to be children exploited in prostitution and other sexual abuse."
If the victim is under 16 of age, the individual will be sanctioned with reclusion temporal in its medium period (14 to 17 years of imprisonment).
Under the new law, a person entrusted with education or custody of a minor, aged 16 and over, but under 18 years, who will engage in "qualified seduction" will be sanctioned with "prision correccional" in minimum to medium period (six months to four years imprisonment).
A higher penalty will be imposed against the person if the victim is a relative, or over 18 years of age.
RA 11648 also sanctioned personse found guilty of child trafficking, with reclusion temporal (12 to 20 years of imprisonment) to reclusion perpetua (20 to 40 years of imprisonment.
Under RA No. 11648, public and private institutions engaged in the education, training and care of children were directed to "ensure that their cirriculum for continuuing staff development include plans and learning sessions on the scope of their duties and responsibilities in identifying, responding to and reporting rape and other sexual offenses."
"The Department of Education shall include in the basic education curriculum and teach age appropriate subjects concerning the rights and protection of the children in relation to this Act," it said. Robina Asido/DMS
