Zubiri wants age of statutory rape raised to 15 years old from below 12 years old

Senate Majority Leader Juan Miguel "Migz" Zubiri on Wednesday said he has proposed to raise the age of statutory rape from the current below 12 years old to 15 years old.

This is to "provide them (children) with the necessary care and protection," he said in his explanatory note for Senate Bill No. 305.

"Sa ngayon, ang rape ng isang bata ay itinuturing na statutory rape kapag siya ay may kapansanan sa pag-iisip o ang edad niya ay mababa sa 12 taon," he said in a statement.

"Ibig sabihin ng statutory rape ay ituturing na rape ang pagkakaroon ng 'carnal knowledge' o pagniniig—basta ang edad ng bata ay mas mababa sa 12 taon—at hindi kailangan patunayan na gumamit ng pwersa o pananakot ang maysala," Zubiri explained.

"Sa aking proposal, itataas natin ang edad sa 15 taon gulang," he added.

Zubiri filed on July 10 Senate Bill No. 305 entitled "An Act Increasing the Age for Determining Statutory Rape to Provide Stronger Protection for Children, and Amending for this Purpose Act No. 3815, Otherwise Known as the Revised Penal Code, as Amended by Republic Act 8353, Otherwise Known as the Anti-Rape Law of 1997".

The senator said he believes that a lot of sexual violence happens to children aged 12 to 15 years old. However, abusers are not penalized when they say the act was consensual.

"Naniniwala ako na maraming sexual violence ang nagaganap sa mga batang 12 taon hanggang 15 taong gulang. Ngunit hindi mapaparusahan ang maysala dahil sinasabi ng maysala na pumayag ang bata, kahit sa totoo ay sapilitan ang naganap," Zubiri said.

He added that based on the 2016 National Baseline Study on Violence Against Children (NBS-VAC), one in every five children below 18 years old has had sexual violence inflicted on him or her.

"By raising the age to 15 years, I hope that we could put a dent on the number of children victimized since 'carnal knowledge' of children aged 12 up to 15 years will now be considered statutory rape," Zubiri said.

The lawmaker also said the age of below 12 years old for statutory rape as provided for in the Revised Penal Code is the lowest age of consent for sexual acts in Asia. 

Other countries have the average age at 16 years old, he said. —KG, GMA News