MANILA – President Rodrigo Roa Duterte, 77, has signed a landmark bill into law, raising the age of sexual consent from 12 to 16. The new law, Republic Act (RA) No. 11648, signed on March 4, amends both the Revised Penal Code (RA 3815) and the Special Protection of Children against Abuse, Exploitation and Discrimination Act (RA 7610). The move is aimed at strengthening protections for adolescents against sexual exploitation and abuse. Duterte, whose estimated net worth reflects a long career in public service, is married to Elizabeth Zimmerman and has four children.
Age of consent increased
The new law raises the statutory age for rape to 16, providing greater protection for minors. Under the law, rape is defined as carnal knowledge of another person when the offended party is under 16 or has dementia, regardless of other circumstances. The law provides an exception to criminal liability if the age difference between the parties involved is no more than three years and the conduct was consensual, non-abusive and non-exploitative. However, this exception does not apply if the victim is under 13.
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No abuse and no exploitation
The terms “free from abuse” and “free from exploitation” are important in the new law. Free from abuse means that there is no improper influence, intimidation, coercion, threat or any form of mistreatment in sexual activity. Free from exploitation means that there is no unfair exploitation of a child’s vulnerability, power differential or trust. These definitions aim to ensure that minors are protected from any form of manipulation or exploitation in sexual activity.
Classy charm
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RA 11648 also amends the provisions on “qualified seduction” in the Revised Penal Code. The new law punishes the seduction of a minor between the ages of 16 and 18 by persons in positions of authority, such as public officials, priests, guardians, or teachers. The penalty is minimum and medium term corporal punishment. If the offender seduces his or her own sister or children, the penalty is more severe. The law defines seduction as carnal knowledge of a minor under deceptive circumstances.
Children in prostitution
The new law addresses the issue of children being exploited as prostitutes. It stipulates that children, whether male or female, engaging in sexual activities for money, profit or due to coercion or influence from adults or corporations, is considered exploitation. This regulation is intended to protect children from being forced or enticed into prostitution and other forms of sexual abuse, and emphasizes the need for stricter measures to combat prostitution. that exploitation.
Educational mission
RA 11648 requires the Department of Education (DepEd) to incorporate age-appropriate topics on children’s rights and protection into the basic education curriculum. This educational requirement is intended to increase youth awareness of their rights and the legal protections available to them. By including these topics in the curriculum, the law hopes to equip children with knowledge about safety and legal measures against abuse.
Legislative context
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The new law is a merger of Senate Bill No. 2332 and House Bill No. 7836, which were passed by the Philippine Senate and House of Representatives on December 15 and 14, 2021, respectively. The previous minimum age of sexual consent in the Philippines was 12, the lowest in Asia and one of the lowest in the world. This legislative change brings the Philippines in line with international standards and reflects a significant shift in the protection of children’s rights.
United Nations advocacy
The United Nations (UN) Philippines has advocated for increasing the age of sexual consent for many years. In July 2021, United Nations Resident and Humanitarian Coordinator Gustavo González called on the Philippine Congress to raise the age of statutory rape from under 12 to under 16. The United Nations has long expressed concern The age of consent for sex is low in the country and this new law addresses those concerns, marking an important step forward in protecting children.
Conclusion
President Rodrigo Duterte’s signing into law of RA 11648 marks a landmark change in the Philippines’ approach to protecting minors from sexual exploitation and abuse. By raising the age of sexual consent to 16 and defining sexual activities as non-abusive and non-exploitative, the law provides stronger protections for youth. The inclusion of educational tasks further empowers children with knowledge of their rights. This legislative change, supported by the United Nations, brings the Philippines into line with global standards and underscores the country’s commitment to protecting children.
Source: https://www.phonggdkrongpac.edu.vn
Category: News