House approves bill raising age of statutory rape to 16

MANILA – The House of Representatives has approved on third and final reading a measure raising the age of statutory rape from the current 12 years old to 16 to protect young people from sexual exploitation and abuse.

House Bill 7836, which sets the age of sexual consent to 16 and amends the Anti-Rape Law, as well as the Revised Penal Code, was passed with 207 affirmative votes, three negative votes and no abstention.

According to Tingog party-list Rep. Yedda Marie Romualdez, one of the principal authors of the bill, the passage was a “step closer to the justice we have been fighting for our children victimized by heartless individuals and the gap in present laws.”

“Definitely, no children should be left without sufficient protection especially from rape. Child rape is an ugly and painful reality that we must collectively confront and address immediately and decisively. But it is not enough that we are indignant,” Romualdez said.

The establishment of a minimum age of sexual consent is the most important and critical criteria in protecting minors from sexual violence since the present Anti-Rape Law establishes the age of sexual consent at twelve years, she said.

“This means any sexual intercourse with a minor who has not reached the age of twelve is automatically regarded as rape, regardless of whether they say or appeared to have voluntarily engaged in the sexual act,” Romualdez said.

“However, the moment that child reaches the exact age of twelve, the law assumes that the child is mature enough to give consent to another person for any sexual activity,” she added.

Romualdez is appealing to the Senate to pass their version of the measure, which will make any adult who has sexual intercourse with a minor below 16 years old will be guilty of rape even if the minor has given his or her consent to the sexual act.

“By establishing the crime of statutory rape to be any sexual activity with a child, of either sex, under the age of 16 – the law makes certain the punishment of those who commit such crime, without unnecessarily furthering the emotional and physical trauma of the child that may be brought about by a lengthy court proceeding or the need for any further physiological or material evidence,” Romualdez said.

The measure also seeks to impose reclusion perpetua or 40 years imprisonment for the crime./PN

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