Wider mantle of protection

THE REPORTED rape of a 16-year-old girl in Barotac Viejo, Iloilo by her own brother is repulsive. But the last month of 2020 offers hope, with the House of Representatives passing on third and final reading House Bill (HB) 7836 which increases the age for determining the commission of statutory rape, and provides a wider mantle of protection against child rape, sexual exploitation and abuse.

HB 7836 is the product of concerted and tireless efforts of legislators, policymakers, child rights experts, and advocates throughout the country, all of whom have traversed the extra mile in the long road to ending child rape.

With the House of Representatives approving on third reading HB 7836, what is left is for Senate to pass its version of the proposed bill. It is hoped that our esteemed senators study the proposed bill expeditiously, and internalize the voluminous studies, evidence-based reports, and community-level consultations that served as the basis for drafting the House version.

HB 7836 is a potent weapon for all child rights defenders combatting child rape, as it contains essential provisions that basically amend the archaic provisions of Article 266-A of the Revised Penal Code. HB 7836’s most important provisions include the clauses that:

* Increase the age to determine statutory rape from below 12 to below 16

* Equalize the protection for victims of rape, whether a boy or a girl

* Adopt the “close in age exemption,” which serves to reduce or eliminate the penalty of the crime in cases where the couple’s age difference is minor

* Remove the “marriage as forgiveness” exemption where the perpetrator is freed of legal responsibility if the perpetrator marries the victim

The overwhelming support that HB 7836 has garnered is most welcome, with the 207 legislators voting in favor of the landmark measure. Child rights advocates consider such legislative support a “ vote for ages” as it is a vote that is hoped to prevent child sexual abuse and help child rape victims get access to justice.

It is high time for the Philippines to leave the medieval-era age limit in determining statutory rape at below 12 years old. Before HB 7836, the age to determine statutory rape in the country was the lowest in Asia and one of the lowest in the world at 12, only bested by Nigeria at age 11.

Before Christmas, HB 7836 may be passed and signed into law, and thus serve as a lasting Christmas gift to future generations of Filipino children.

Through this proposed bill, the mantle of protection offered by our laws to children is holistically widened. This is how legislation in the Philippines should always be – with children’s welfare always at the heart and center.