President Rodrigo Duterte signed into law Republic Act No. 11648, which redefines the crime of Statutory Rape as stated under Article 266-A of the Revised Penal Code, among others. The amended version, to wit:
“Article 266-A. Rape; When How Committed. – Rape is committed:
1) By a person who shall have carnal knowledge of another person under any of the following circumstances:
- d) When the offended party is under sixteen (16) years of age or is demented, even though none of the circumstances mentioned above be present: Provided, That there shall be no criminal liability on the part of a person having carnal knowledge of another person under sixteen (16) years of age when the age difference between the parties is not more than three (3) years, and the sexual act in question is proven to be consensual, non-abusive, and non-exploitative: Provided, further, That if the victim is under thirteen (13) years of age, this exception shall not apply.
Formerly, the threshold age for statutory rape was 12 years old, but with the enactment of Republic Act No. 11648, it has been raised to 16. As ruled in People vs Ronquillo, G.R. No. 214762, what the law punishes in statutory rape is carnal knowledge of a woman below twelve years of age. Hence, force and intimidation are immaterial; the only subject of inquiry is the age of the woman and whether carnal knowledge took place. The law presumes that the victim does not and cannot have a will of her own on account of her tender years; the child’s consent is immaterial because of her presumed incapacity to discern evil from good. Simply, only the age of the victim and the fact of sexual intercourse are needed to be established for the crime of statutory rape to be committed.
Worthy of note that the said amendment provides for an exception. Statutory rape is not committed if the following requisites are present:
(1) The age difference between the parties is not more than three (3) years; and (2) The sexual intercourse is consensual, non-abusive, and non-exploitative.
Aside from increasing the age for determining the commission of statutory rape, Republic Act No. 11648 also amended several provisions of the Revised Penal Code, namely: Article 337. Qualified Seduction and Article 338. Simple Seduction. The said provisions now read as follows:
Article 337. Qualified seduction. – The seduction of a minor, sixteen and over but under eighteen years of age, committed by any person in public authority, priest, home-servant, domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with the education or custody of the minor seduced, shall be punished by prision correccional in its minimum and medium periods.
“The penalty next higher in degree shall be imposed upon any person who shall seduce his sister or descendant, whether or not she be a virgin or over eighteen years of age.
“Under the provisions of this Chapter, seduction is committed when the offender have carnal knowledge of any of the persons and under the circumstances described therein.”
“Article 338. Simple seduction. – The seduction of a minor, sixteen and over but under eighteen years of age, committed by means of deceit, shall be punished by arresto mayor.”
In addition to that, it also amends Sections 5(b), 7, 9, and 10(b) of Republic Act No. 7610, otherwise known as the Special Protection of Children Against Abuse, Exploitation and Discrimination Act. The said amended provisions now read as follows:
“Section 5. Child Prostitution and Other Sexual Abuse. – 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 conduct, are deemed to be children exploited in prostitution and other sexual abuse
“(b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse: Provided, That when the victim is under sixteen (16) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, otherwise known as “The Revised Penal Code”, for rape, or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under sixteen (16) years of age shall be reclusion temporal in its medium period; and
“Section 7. Child Trafficking. – Any person who shall engage in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is under sixteen (16) years of age.
“Section 9. Obscene Publications and Indecent Shows. – Any person who shall hire, employ, use, persuade, induce, or coerce a child to perform in, obscene exhibitions and indecent shows, whether live or in video, or model in obscene publications or pornographic materials, or to sell or distribute the said materials shall suffer the penalty of prision mayor in its medium period.
“If the child used as a performer, subject, or seller/distributor is under eighteen (18) years of age, the penalty shall be imposed in its maximum period.
“Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child’s Development. –
“(b) Any person who shall keep or have in his company a minor sixteen (16) years of age or under or who is ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach, and/or other tourist or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty Thousand Pesos (P50,000.00): Provided, That this provision shall not apply to any person who is related within fourth degree of consanguinity or affinity or any blood recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty.