House joint panels OK bill raising age of statutory rape to 16 years old

A joint House panel on Thursday approved the substitute measure seeking to raise the age of statutory rape from the current 12 years old to 16 years old, regardless of the sexual orientation of the victim or the offender.

In its virtual hearing, the House committees on revision of laws and on welfare of children approved the substitute measure consolidating 10 pending bills raising the age of statutory rape.

If the measure is passed into law, Tingog Sinirangan party-list Representative Yedda Marie Romualdez, one of its principal authors, said any adult who has sexual intercourse with a minor below 16 years old will be considered guilty of rape even if the minor gave his or her consent.

“By establishing the crime of statutory rape to be any sexual activity with a child, of either sex, under the age of 16—the law makes certain the punishment of those who commit such crime, without unnecessarily furthering the emotional and physical trauma of the child that may be brought about by a lengthy court proceeding or the need for any further physiological or material evidence," she said.

"This certainty of punishment, based on the victim’s age alone, will surely be a strong deterrent to those who would even just attempt to commit such sexual offenses,” she added.

In common law jurisdictions, statutory rape is committed when one of the individuals involved is below the age of consent or the age required to legally consent to sexual activity.

Under current Philippine laws, sexual intercourse with children below 12 years old is illegal and tantamount to rape.

Meanwhile, sexual activity with a person below 18 years old may constitute child abuse and exploitation.

But Romualdez said the current age of statutory rape in the Philippines is not compliant with the international average, as evidenced in the 2015 report of the United Nations International Children’s Fund East Asia and Pacific Region.

Under the bill, rape is committed by any person against another person by:

•     Inserting or causing the insertion of a person’s penis into another person’s inner or outer vaginal labia, anal orifice or mouth;
•     Inserting or causing the insertion of a finger, instrument or object, into another person’s inner or outer vaginal labia or anal orifice;
•     Placing or causing the placement of a person’s penis between, or rubbing or causing the rubbing thereof on, the breasts of another person.

Also considered rape is when any person caused another person or persons to perform the said acts even if the offender does not participate in it, under the following circumstances:

•     By force, threat, intimidation, deception, coercion;
•     By abuse of authority or moral ascendancy;
•     By employment of means to deprive him or her of reason or render him or her unconscious;
•     By other fraudulent machinations; or
•     When the victim is incapable of giving consent by reason of his or her physical, mental, or psychological disability or condition.

“By strengthening the protection of children, the proposed legislation puts firmly the safety and welfare of children as a foremost concern – not only of the family – but that of the entire community," Romualdez said.

"Prosecution can only go as far to eradicate the crime – but ensuring that children grow up to their fullest potential requires utmost attention and affirmative action on our part,” she added.—AOL, GMA News