House OKs bill raising age for statutory rape from 12 to below 16
MANILA, Philippines — A bill increasing the age for determining the commission of statutory rape from 12 to below 16 has been approved on final reading at the House of Representatives.
With 207 affirmative votes, three negative and no abstention, lawmakers approved on final reading House
Bill No. 7836, which seeks to amend Republic Act No. 7610 or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act.
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
[ac]
