The House Committee on the Welfare of Children is pushing for the passage of a measure imposing life imprisonment for statutory rape against minors who are under 16 years old, regardless of sexual orientation of the offenders or the victims.
In House Bill 4160, coauthored by House Majority Leader Martin Romualdez, Tingog Party-list Rep. Yedda Marie Romualdez said their proposal raises the age of statutory rape from the current 12 years old to 16 years old. It also increased the penalty for offenders, whether they be male or female.
“If this measure is passed into law, any adult who has sexual intercourse with a minor below 16 years old is guilty of rape. Even if the minor has given his or her consent to the sexual act, it is still rape,” the lawmaker said in news statement.
“The sexual orientation of the offender is of no importance. Men and women, even members of the LGBT community, may be charged with statutory rape. No one is above the law,” she added.
In common law jurisdictions, Romualdez said, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent, or the age required to legally consent to the behavior.
Currently, she said, laws provide that sexual intercourse with children below 12 years old is illegal and tantamount to rape. In addition, sexual activity with a person below 18 years of age may constitute child abuse and exploitation.
But Romualdez noted that the current age for determining the crime of statutory rape is not compliant with the international average as evidenced by a 2015 report released by the United Nations Children’s Fund East Asia and Pacific Region.
Under the bill, the subsequent valid marriage between the offended party and the offender shall not automatically extinguish the criminal action, or the penalty imposed.
It also redefined the crimes of qualified seduction, simple seduction, forcible abduction, and consented abduction in relation to minors as victims.
The bill said qualified seduction is now “seduction of a minor 16 years and under 18 years of age, committed by any person in public authority, priest or religious engaged in legitimate religious vocation or calling, domestic, guardian, teacher or any person who, in any capacity, shall be entrusted with the education or custody of the minor seduced.”
It added that the penalty for qualified seduction is raised to prison correctional in its medium and maximum periods.
The bill said simple seduction is “seduction of a minor of good reputation 16 years but under 18 years of age, committed by means of deceit,” which is punishable by arresto mayor while forcible abduction is “abduction of any person against his or her will and with lewd designs,” which is punishable by reclusion temporal.
Also,
the measure said consented abduction is “abduction of a minor 16 years and
under 18 years of age, carried out with his or her consent and with lewd
designs,” which shall be punished by the penalty of prison correccional in its
minimum and medium periods.