STATUTORY RAPE IN THE

PHILIPPINES:
THE NEED TO AMEND
ARTICLE 266-A 1(D) OF
REPUBLIC ACT 8353
(ANTI-RAPE LAW OF 1997)
 INTRODUCTION
The Anti-Rape Law of 1997 or Republic Act 8353
was passed into law on September 30, 1997.

Previously, rape was classified as a crime against

chastity, and belonged to the group of crimes that
include adultery, concubinage, acts of lasciviousness,
seduction, corruption of minors and white slave trade.

As a crime against persons, the law no longer

considers it as a private crime. Anyone who has
knowledge of the crime may file a case on the victim's
behalf. Prosecution continues even if the victim drops
the case or pardons the offender.
 WHAT IS STATUTORY RAPE?

Age of consent is the minimum age which a person is

considered legally competent to consent to sexual acts.
As a result, if someone older engages in sexual acts with
a minor under the age of consent, then this activity is
considered statutory rape.
 1987 PHILIPPINE CONSTITUTION

Article 11, Section 13

The State recognizes the vital role of the youth in nation-
building and shall promote and protect their physical, moral,
spiritual, intellectual, and social well-being. It shall inculcate in
the youth patriotism and nationalism, and encourage their
involvement in public and civic affairs.

Article 15, Section 3 (2)

The State shall defend the right of children to assistance,
including proper care and nutrition, and special protection from
all forms of neglect, abuse, cruelty, exploitation and other
conditions prejudicial to their development.
 STATEMENT OF THE PROBLEM
How the crime of statutory rape is committed in the
Philippines?

 How the age of sexual consent in various countries

around the world differs from the age of consent in
the Philippines?
 Why there is a need to raise the minimum age of
consent to determine statutory rape to below 16
years of age?
 What is the most effective way to protect the right of
most vulnerable group, the children, against crime of
rape?
 HOW THE CRIME OF STATUTORY RAPE IS COMMITTED IN THE
PHILIPPINES?

Article 266-A 1(d) of Republic Act 8358 or the Anti-Rape

Law of 1997 states that rape is committed even without the
persistence of the elements of force, threat, intimidation, or
fraudulent machinations, as long as the victim is under the
age of 12 or demented. This crime is known as “statutory
rape” wherein consent of the victim to engage in sex even if
present or was presumed given cannot be used as a
defense since a child less than twelve years of age cannot
be considered to have a will of her own.

The penalty for statutory rape is reclusion perpetua,

which being a single indivisible penalty, is imposable
regardless of any mitigating or aggravating circumstance
that have attended the commission of the deed.
 HOW THE AGE OF SEXUAL CONSENT IN VARIOUS COUNTRIES AROUND THE WORLD
DIFFERS FROM THE
AGE OF SEXUAL CONSENT IN THE PHILIPPINES?

Age of consent laws vary considerably around the world. The legal age at
which one is deemed capable of agreeing to sexual activities ranges from
11 to 21 years old. Some nations, however, do not have a specified age of
consent and people in these countries can only engage in sexual activities
if they are married. It includes Libya, Afghanistan and Saudi Arabia, all of
which are known to be highly conservative on issues around gender and
sexuality.

The highest age of consent in the world is 21 in Bahrain. The second-

highest age of consent is 20 in South Korea, while the majority of other
countries have an age of consent between 16 and 18. The lowest Age of
Consent in the world is 11, in Nigeria. The age of consent is 12 in the 
Philippines and Angola, and 13 in Japan. Japan often stands out as the only
developed country on the list of lowest ages of consent. In the United
States, the age of consent is set on a state-by-state basis. Age of consent
varies across the European continent, it ranges from 14 in countries like
Germany, Austria, Hungary, Portugal and Italy up to 18 in Malta and Turkey.
WHY THERE IS A NEED TO RAISE THE MINIMUM AGE OF CONSENT TO DETERMINE
STATUTORY RAPE TO BELOW 16 YEARS OF AGE?

The age to determine statutory rape in the Philippines is far

below international standard. Our present law implicitly sets the
rightful age of consent to sex at 12 years old. A 12-year old
child is perceived by law to be old enough to be cross-examined
during court procedures of how he or she was raped. This is the
reality of child rape victims in the Philippines. The amendment
to the 89-year-old Revised Penal Code is long overdue. If the
government really wants to protect our children, the age of
sexual consent should be raised.

A child victim of rape suffers a great deal. Rape causes

immeasurable anguish not only to the victim but also to his/her
family. Victims of rape can even suffer from sexually
transmitted infections, teenage pregnancy, suicide, substance
abuse, depression, HIV/AIDS, and even death.
 A child is an autonomous person who has or her
own needs, interest and rights. Children are a prime
target of sexual predators. They are vulnerable,
helpless, dependent and under the authority of adults.
It's easy to manipulate, threaten, and silence them.
The child, by reason of his physical and mental
immaturity, needs special safeguards and care,
including appropriate legal protection.
 WHAT IS THE MOST EFFECTIVE WAY TO PROTECT THE RIGHT OF THE MOST VULNERABLE
GROUP, THE CHILDREN,
AGAINST CRIME OF RAPE

Increasing the age to determine the statutory rape will protect all
children, regardless of sex, orientation, gender identity, and
expression from sexual predators who abuse children’s vulnerability.
A 12-year-old has only reached his or her 6th grade, has barely gone
through puberty, and lacks sex education. In amending the age of
consent to 16 years old, the State would safeguard the innocence of
the youth, prevent sexual predators from violating them, and further
ensure that their best interests are protected and promoted .

In increasing the age of consent to 16 years old, the State is

sending a message – loud and clear – the youth will be protected by
all means and at all costs. The best interests of children shall be the
paramount consideration in all actions concerning them. Every effort
shall be exerted to promote the welfare of children and enhance their
opportunities for a useful and happy life.
 CONCLUSIONS
1. The Philippines’ age of consent is not compliant with the
international average of age of sexual consent and that
significant reform or development of new law is required.
Based on comparative observation of other countries’ law
around the world shows that the Philippines has one of the
lowest minimum age for determining statutory rape. Most
countries have an average of age of consent fixed at 16
years old.

2. A child cannot give consent to a contract under our civil

laws. Primarily, under the Family Code of the Philippines, a
person is considered qualified and held responsible for all
acts of civil life if he or she is 18 years of age. Also in our
country, one cannot marry before 18 years of age but one
can consent to have sex at 12 years old.
3. Setting the age of consent at 12 is problematic in itself,
but when we zoom out to look at the bigger picture, we can
also see that the law is inconsistent with our other existing
laws related to sexual health like the Reproductive Health
Law that prohibits minors from accessing contraceptives at
public health clinics without parental consent.
 
RECOMMENDATIONS:

1. Pursuant to the obligation of the Philippines under the

Convention on the Rights of the child and to comply with the
international average, our legislature must amend the provision of
Republic Act 8353 or the Anti-Rape Law of 1997 by increasing the
age determining the statutory rape from 12 years old to 16 years
old. The state has not only the right but the correlative duty to
protect the children especially because of their minority from all
the things that are harmful and hurtful to them.

2. The investigation and prosecution of the cases for rape should

be strengthened to ensure successful conviction of rape.
Successful convictions of perpetrators of rape will prevent other
rape incidents from happening by sending a strong message that
rape cannot happen with impunity. Effective prosecution and
proper punishment of perpetrators of rape encourage rape victims
to come out, file their cases and get vindicated of their rights.