Social Watch Philippines has appealed to Congress to speed up the passage of a bill raising the age of statutory rape to 16.
The SWP aired the call during the recent observance of the International Day of the Girl Child.
“While it will not completely address the challenges in protecting the children from a myriad of abuses such as online sexual abuse and exploitation of children (OSAEC), amending the anti-rape law is a good start, as those belonging to age 13-15 are still vulnerable and need protection,” the SWP said.
In the House of Representatives, House Bill 7836 defines statutory rape as rape committed when the victim is a minor below 16-years-old or if the victim is over 16 but has physical, mental, or psychological disability.
The proposed measure also seeks to amend the definition of rape to include acts of perversion for sexual gratification, and criminal liability will remain even with forgiveness or eventual marriage between the rapist and the victim.
The SWP noted that the Special Protection of Children Against Abuse, Exploitation, and Discrimination Act or Republic Act 7610 defines children as “persons below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition.”
“Aside from the non-responsive old anti-rape law, the OSAEC should be addressed also by providing enough budget for child protection,” according to the SWP, citing a study by the United Nations International Children’s Emergency Fund (UNICEF) that one in five Filipino children are vulnerable to online sexual abuse.
HB 7836 consolidated ten different legislative proposal seeking to amend the current law on statutory rape.
Authors include Deputy Speakers DV Savellano (NUP, Ilocos Sur) and Martin Romualdez (Lakas-CMD, Leyte) and Reps. Precious Hipolito Castelo (NUP, Quezon City); Francisco Benitez (PDP-Laban, Negros Occidental); Aloy Lim (RAM), and the late Ditas Ramos (NPC, Sorsogon).
HB 7836 provides for a sweetheart clause and close-in relationship as an exception to statutory rape and shift the burden of proof of consent on the part of the offender.
Endorsed for enactment by the House Committees on Revision of Laws and on Welfare of Children, the bill also removes the benefit of good conduct and time allowances for the offender when the crime of rape was committed with aggravating circumstances.
Further, it also mandates that health officers, teachers, and other persons of authority to report to authorities cases of rape and sexual exploitation or abuse of they have knowledge of.
Authors of the measures proposed that no rape case pending in court can be dismissed through the submission of affidavit of desistance or amicable settlement between concerned parties.