QuestionsQuestions (Republic Act No. 11648)
It aims to provide stronger protection against rape and sexual exploitation/abuse by increasing the age for determining statutory rape and amending relevant provisions of the Revised Penal Code, RA 8353 (Anti-Rape Law of 1997), and RA 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act).
Rape is committed when the offended party is under sixteen (16) years of age or is demented, even if none of the other circumstances mentioned above are present.
There is no criminal liability if the offended party is sixteen (16) years old (not under 16), the age difference is not more than three (3) years, and the sexual act is proven to be consensual, non-abusive, and non-exploitative.
No. If the victim is under thirteen (13) years of age, the exception shall not apply.
Non-abusive means the absence of undue influence, intimidation, fraudulent machinations, coercion, threats, and any physical, sexual, psychological, or mental injury or maltreatment, whether with intention or through neglect, during the conduct of sexual activities with the child victim.
Non-exploitative means there is no actual or attempted act of unfairly taking advantage of the child victim’s position of vulnerability, differential power, or trust during the conduct of sexual activities.
Because these elements are required for the close-in-age exception to apply; if any element is not proven, criminal liability for rape may attach.
It punishes the seduction of a minor, sixteen (16) and over but under eighteen (18) years of age, committed by persons in public authority, priest, home-servant, domestic, guardian, teacher, or any person entrusted with the education or custody of the minor seduced.
The penalty next higher in degree shall be imposed upon any person who seduces his sister or descendant, whether or not she is a virgin or over eighteen (18) years of age.
It states that under the provisions of this Chapter, seduction is committed when the offender has carnal knowledge of any person and under the circumstances described therein.
It punishes the seduction of a minor, sixteen (16) and over but under eighteen (18) years of age, committed by means of deceit, punishable by arresto mayor.
The perpetrators shall be prosecuted under Article 335, paragraph 2 (rape) and Article 336 of the Revised Penal Code (as applicable), for rape and/or lascivious conduct, depending on the case, rather than under the RA 7610 framework for child prostitution/sexual abuse.
Reclusion perpetua in its medium period.
The penalty is reclusion temporal to reclusion perpetua, and it shall be imposed in its maximum period when the victim is under sixteen (16) years of age.
If the child used as performer/subject/seller/distributor is under eighteen (18) years of age, the penalty shall be imposed in its maximum period.
Any person who keeps or has in his company a minor sixteen (16) years of age or under, or who is ten (10) years or more his junior in certain places, shall suffer prision mayor in its maximum period and a fine of not less than P50,000; however, there is an exception for persons related within the fourth degree of consanguinity/affinity or any blood recognized by law and for acts performed in social, moral, or legal duty.