Jail time sought in ‘anti-incest’ bill

A group of legislators from the Bicol region have filed a bill proposing to put behind bars persons 18 years of age and above who engage in incestuous sexual relations even if they are fully aware of their close relationships.

The lawmakers led by Camarines Sur Rep. Luis Raymund Villafuerte filed House Bill (HB) 4704 or the “Anti-Incest Act” to criminalize consensual incestuous sexual relations between adults who have knowledge of their close relationships by blood or marriage.

It proposes to slap on guilty relatives a jail term of prision correccional in its minimum to maximum periods, which ranges from six months and one day to six years.

“This bill criminalizes such sexual relations because they are contrary to public policy and public morals. It also responds to reports of rising incest statistics among families of overseas contract workers,” Villafuerte and the three other HB 4704 authors said.

Alongside Villafuerte, the other authors of HB 4704 are Camarines Sur Reps. Miguel Luis Villafuerte and Tsuyoshi Anthony Horibata, and Bicol Saro Rep. Nicolas Enciso VIII.

“Articles 37 and 38 of the Family Code state that incestuous marriages are void  ab initio  (from the start) for being contrary to public policy. Further, Article 335 of the Revised Penal Code imposes the death penalty for rape when the victim is under 18 years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim,” the lawmakers said in HB 4704.

“However, under the abovementioned circumstances, there is no law which penalizes incestuous relations between consenting parties 18 years of age and above,” they added.

Even if there is the consent of both parties, the Bicol lawmakers said “incestuous sexual relations are prohibited between those who have knowledge of their relationship and are 18 years of age and above.”

The bill states that the maximum penalty shall be imposed when the incestuous sexual relation occurs while the spouse of the ascendant, step-parent, parent-in-law, adopting parent or the adopted is employed in another city, municipality or province, with a radius of at least 150 kilometers (km) from his or her habitual residence, or is employed abroad.