MANILA, Philippines — A bill increasing the age for determining the commission of statutory rape from 12 to below 16 is nearing its final approval at the House of Representatives.
On Wednesday, House Bill No. 7836, which seeks to amend Republic Act No. 7610 or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act, was approved on second reading through voice voting.
The proposed measure also further expands the definition of rape, stating that the crime is committed by a person against any 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;
- Causing a person or persons to perform any of the above-mentioned acts even if the offender does not participate
The bill likewise states that statutory rape is committed when the victim is below 16 years old or if the victim is 16 years old or over but has a physical, mental, or psychological disability or condition that renders the victim unable to fully understand the consequences of any sexual activity.
The proposed legislation also provides for stiffer penalties for rape, sexual exploitation, and abuse, and shifts the burden of proof of consent on the part of the offender.
Moreover, the bill states that subsequent valid marriage between the victim and the offender will not extinguish criminal liability.
Other key provisions of the bill are as follows:
- Removes the benefit of good conduct and time allowances when the crime of rape was committed with aggravating circumstances;
- Considers as aggravating circumstances in the commission of rape the following: when the victim becomes pregnant, when the victim suffers a permanent mental or psychological disability, or when grooming is used;
- Disallows the submission of an affidavit of desistance and amicable settlement between parties in all stages of the proceedings of rape and sexual exploitation and abuse;
- Provides for the confidentiality of rape and sexual exploitation and abuse cases;
- Stipulates the persons who may file a complaint making rape and sexual exploitation and abuse as crimes against persons;
- Mandates the provision of the capability building program for child-serving institutions
- Mandates health officers, teachers, and other persons of authority to report cases of rape and sexual exploitation and abuse known to them,