Legal Age Gap in Philippines

Josalee Deinla, spokesperson for the National Union of People`s Advocates, said the new law was a welcome legal development that they hoped would “help protect young girls from rape and sexual abuse.” While raising the age of consent brings many cases of sexual abuse into the realm of crime, a UNICEF guidance note also argues that 12 is “too low” for consent because the child “barely got through puberty.” “The part of a child`s brain that processes their understanding of the consequences of their decisions has not evolved at age 12 and continues to evolve at age 18. Therefore, setting the age of sexual consent at 12 contradicts scientific findings on brain development, as well as physical and emotional maturity,” the document reads. “We welcome this legal development and hope it will help protect young girls from rape and sexual abuse,” said Josalee Deinla, spokesperson for the National Union of People`s Advocates, which provides legal aid to poor and marginalized people in the Philippines. This is in line with the “Romeo and Juliet laws” that have been enforced in several countries to avoid consensual sex between teenagers. For example, in the state of Ohio in the United States, despite the age of consent of 16, consensual sexual relations between people 13 years of age and older with a partner under 18 years of age are considered legal. Even in France, where the age of consent is 15, consensual sexual relations between a minor and a partner for up to five years longer are allowed. Republic Act (RA) No. 11648, signed by Duterte on 4. Mars amends Republic Act No. 3815 or Revised Penal Code and Republic Act No. 7610 or Special Protection of Children from Abuse, Exploitation and Discrimination. She added that she had been discouraged by the accounts of lawyers for teenagers aged 13 to 14 who had been sexually abused, but who had yet to prove that they had not consented to such an act. The highest age of consent in Bahrain is 21, while South Korea has set it at 20.

In the Philippines, activists have been pushing to raise the age of consent since the 1980s. The previous law protected predators, critics say, because they can claim victims consented — and children as young as 12 can often be forced or threatened to remain silent. The new law also increased the age of victims of seduction, simple seduction, child prostitution and child trafficking in the revised penal code. “The adoption of this law is an essential step towards realizing children`s rights to protection from sexual violence, abuse and exploitation,” UNICEF said in a statement, “regardless of gender, orientation, gender identity and expression.” RA 11648 also directs the Department of Education to include and teach age-appropriate subjects in basic education curricula that address children`s rights and protections in relation to the law. Malacañang on Monday, March 7, issued Republic Law (RA) No. 116481, a law that “provides better protection against rape and sexual exploitation and abuse and raises the age to determine the commission of lawful rape.” One in five respondents aged 13 to 17 reported experiencing sexual abuse, while one in 25 experienced forced sex as children, according to the study. “Provided that a person who has carnal relations with another person under 16 years of age shall not be criminally liable if the age difference between the parties does not exceed three years and if the sexual act in question is manifestly consensual, abusive or non-exploitative, provided further that, if the victim is under 13 years of age: This exception does not apply,” he added. Victims` advocates also argue that lowering the age of consent has contributed to what international human rights organizations have described as high levels of sex trafficking and teenage pregnancy in the Philippines, compounded by gaps in enforcement of existing laws.

CLICK HERE TO LEARN MORE ABOUT WASHINGTON EXAMINER MANILA, PHILIPPINE (AP) — The United Nations Children`s Fund (UNICEF) has praised the Philippine government for raising the minimum age of sexual consent from 12 to 16 to protect minors from rape and sexual abuse. “As a mother, I am relieved that we have a government that is willing to listen and stand up for our children,” she said. “The United Nations has long been concerned about the alarming age of sexual consent in the Philippines,” Gustavo González, UN humanitarian coordinator and coordinator, said in a July 2021 statement Indianexpress.com. She continues to write. In a statement on Monday, UNICEF welcomed the “legislative step” as “an important step towards realizing children`s rights to protection from sexual violence, abuse and exploitation.” The Philippine rape law is violated when a person has consensual sexual relations with a person under the age of 12. Download the NBC News app for the latest news and policies The previous age of sexual consent in the Philippines was the lowest in Asia and one of the lowest in the world. In this context, adults who seduce minors are detained. A minor is defined as a person over the age of 16 but under the age of 18. A person who seduces family members, regardless of age, will be punished more severely. Republic Law (RA) No. 11648, signed by Duterte on March 7, raised the age for determining legal rape to 16.

Back to international list of age of consent View age of consent in the United States Raising the age of sexual consent is another important milestone for the Philippines after the ban on child marriage passed in January this year. This law prohibits marriage if one or both parties are under the age of 18, both in a religious and cultural context. Similar to the Elimination of Child Rape Act, the Act aims to protect children, especially young girls, from the consequences of early marriage. While several reports indicate that the age of consent in Nigeria is 11, according to the Child Rights Act 2003, “no one is allowed to have sexual intercourse with a child.” The law further states that a person will be charged with a crime of rape if he or she does so, and “it does not matter whether the perpetrator believed that the person is eighteen years of age or older.” In fact, the age of consensual sex becomes 18. The law also fills several loopholes in the revised Philippine Penal Code, which lawmakers wrote 90 years ago, Romeo Dongeto, president of the Philippine Network for Children`s Rights, told the South China Morning Post. These loopholes allowed pedophiles to claim that the child had consented. The law also eliminated an exception in which an accused pedophile could be pardoned for all allegations of legal rape if the victim agreed to marry him. There are no comments yet. Add your comment to start the conversation. It defines “non-abusive” as “the absence of undue influence, intimidation, fraudulent activities, coercion, threats, injury or physical, sexual, psychological or mental harm, intentional or negligent, during sexual activity.” And “non-exploitation” as “any act or act of real or attempted unjust exploitation of the child`s situation of vulnerability, different power or trust during sexual activity.” The new law, signed into law by President Rodrigo Duterte on Monday, will raise the minimum age of sexual consent from 12 to 16 to protect children from sexual predators. Newsletter | Click here to get the best explanations of the day in your inbox When the Philippine Age of Consent Amendment Bill was introduced in the House of Representatives, he noted that UNICEF had called the country`s age of consent “incompatible with the international average.” In most countries, the age of consent is 16. As used in this law, abusive does not mean the absence of undue influence, intimidation, fraudulent activities, coercion, threats, harm or physical, sexual, psychological or mental abuse, intentionally or negligently, during sexual activities with child victims, the law said.

In addition, a 2015 study found that 21.5 percent of the 3,866 Filipino children (ages 13-24) reported experiencing sexual abuse as children. More men reported having had such an experience than women. Significantly, in several cases, perpetrators were reported as persons at home, such as father, brother or mother-in-law. The exemption does not apply if the person concerned was under 13 years of age. 🗞️ Subscribe Now: Get Express Premium to access the best election coverage and analysis 🗞️. The new law also amended Republic Act No. 7610 or Special Protection of Children from Abuse, Exploitation and Discrimination. The old law contributed to a significant increase in child rape, the UN agency said. A 2015 joint study by UNICEF and the Center for Women`s Resources found that 7 out of 10 rape victims in the Philippines were minors.

The study also found that 1 in 5 children aged 13 to 17 reported sexual abuse. The Philippines on Monday raised the age of sexual consent from 12 to 16 as President Rodrigo Roa Duterte signed the amendment to the Special Protection of Children from Abuse, Exploitation and Discrimination Act.