House ratifies bill raising statutory rape age to 16

MANILA – The House of Representatives on Tuesday ratified the bicameral conference committee report on a measure raising the age of statutory rape from the current 12 years old to 16 years old to protect young people from sexual exploitation and abuse.

During the plenary session, the chamber approved the final version that reconciles the disagreeing provisions of Senate Bill No. 2332 and House Bill No. 7836.

Zambales Rep. Cheryl Deloso-Montalla, chair of the House Committee on Revision of Laws, highlighted a provision called the “close-in relationship” or “sweetheart clause” to recognize the legitimate relationship between two teenagers.

This clause states that there would be no criminal liability on the part of the perpetrator if the age difference between the victim and the perpetrator is not more than three years, and the act in question is proven to be consensual.

“In the report, we determined that the age of statutory rape be set to under 16 years of age in view of the global standard on statutory rape age,” Montalla said. “We also aligned with this bill the age of consent in other crimes under the criminal code and other anti-child abuse and exploitation laws like the R.A. No. 7610.”

She said the enactment of the bill is long overdue as the data “scream loudly and clearly speak” that the crime of rape remains rampant in the country.

“What we know are the reported cases but the true statistics may be higher considering that there are a lot of unreported and unaccounted cases of rape and other forms of sexual abuse and exploitation that are happening,” she said.

She said with the ratification of the bicam report, the bill would be transmitted to Malacañang for President Rodrigo Duterte’s signature.

“We will always endure to ascertain that our children are given optimum protection under our laws and within the bounds of the democratic society that we have,” she said.

Tingog party-list Rep. Yedda Marie Romualdez, one of the principal authors of the bill, 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.

“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. 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,” Romualdez said.

If the bill is passed into law, Romualdez said 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.

Statutory rape is non-forcible sexual activity in which one of the individuals is below the age of consent or the age required to legally consent to the behavior.

Current Philippine laws provide that sexual intercourse with children below 12 years old is illegal and tantamount to rape.