President Rodrigo Duterte has signed into law a measure raising the age of sexual consent from 12 to 16 years.
Signed on March 4, 2022, Republic Act 11648, which amended RA 7610 or the Special Protection of Children Against Abuse, Exploitation, and Discrimination Act, increases the age for determining the commission of statutory rape in a bid to provide stronger protection for children against sexual abuse and exploitation.
The new law also provides additional protection to minors aged 16 and under against qualified seduction, child prostitution and other sexual abuse, child trafficking, and forceful hiring of minors for obscene publications and indecent shows.
“Any person who shall keep or have in his company a minor 16 years of age or under or who is 10 years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach, and/or other tourist or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less than P50,000,” part of the law read.
The new law exempts minors engaging in consensual sexual activity from criminal liability as long as their age difference is not more than three years.
The sexual act must also be non-abusive and non-exploitative. The exemption, however, would not apply if the victim is under 13 years of age.
RA 11648 takes effect 15 days after publication in the Official Gazette or in a newspaper of general circulation in the Philippines.
The Gabriela Women’s Party led by its nominee, Rep. Arlene Brosas, described the signing as “historic,” thus “erasing the country’s reputation for having one of the lowest ages of sexual consent in the world and curing the loopholes in the prosecution of sexual offenders taking advantage of minors.”
“The signing of the End Child Rape Law is one big leap for Filipino children’s rights, as the Philippines will no longer be the country with the lowest age of sexual consent in Asia,” Brosas said.
“Finally, the decades-old loophole in the law is addressed, in line with our commitments to international conventions on women and children’s rights.”
She also lauded the House leadership for its effort to prioritize the measure.
Agusan del Norte Rep. Lawrence Fortun said the enactment of Republic Act 11648 is a major step forward. “Not only does this law increase the age for determining statutory rape to below 16 years of age, but it also makes statutory rape gender neutral. It thus protects not only female minors but also members of the LGBTQIA+ community,” he said.
