Rape by Statutory Rape Age
DEFINE THE CRIME
Statutory rape is defined by statute as an act of sexual
intercourse with a person under the age of consent,
which is considered to constitute rape under the law,
whether the person is willing or not. In statutory rape,
there is usually no overt force or threat
CITE THE CRIME
REPUBLIC ACT NO. 11648, March 04, 2022 ]
AN ACT PROMOTING FOR STRONGER PROTECTION
AGAINST RAPE AND SEXUAL EXPLOITATION AND ABUSE,
INCREASING THE AGE FOR DETERMINING THE
COMMISSION OF STATUTORY RAPE, AMENDING FOR THE
PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE
KNOWN AS "THE REVISED PENAL CODE," REPUBLIC ACT
NO. 8353, ALSO KNOWN AS "THE ANTI-RAPE LAW OF
1997," AND REPUBLIC ACT NO. 7610, AS AMENDED,
OTHERWISE KNOWN AS THE "SPECIAL PROTECTION OF
CHILDREN AGAINST ABUSE, EXPLOITATION AND
DISCRIMINATION ACT"
PROVIDE THE PENALTIES
d) When the offended party is under sixteen (16) years of
age or is demented, even though none of the
circumstances mentioned above be present: Provided,
That there shall be no criminal liability on the part of a
person having carnal knowledge of another person under
sixteen (16) years of age when the age difference
between the parties is not more than three (3) years, and
the sexual act in question is proven to be consensual,
non-abusive, and non-exploitative: Provided, further,
That if the victim is under thirteen (13) years of age, this
exception shall not apply.
Section 2.
"Article 337. Qualified seduction. - The seduction of a
minor, sixteen and over but under eighteen years of age,
committed by any person in public authority, priest,
home-servant, domestic, guardian, teacher, or any
person who, in any capacity, shall be entrusted with the
education or custody of the minor seduced, shall be
punished by prision correccional in its minimum and
medium periods.
"The penalty next higher in degree shall be imposed
upon any person who shall seduce his sister or
descendant, whether or not she be a virgin or over
eighteen years of age.
"Under the provisions of this Chapter, seduction is
committed when the offender have carnal knowledge of
any of the persons and under the circumstances
described therein."
"Article 338. Simple seduction. - The seduction of a
minor, sixteen and over but under eighteen years of age,
committed by means of deceit, shall be punished by
arresto mayor.
"Section 5. Child Prostitution and Other Sexual Abuse. -
Children, whether male or female, who for money, profit,
or any other consideration or due to the coercion or
influence of any adult, syndicate or group, indulge in
sexual intercourse or lascivious conduct., are deemed to
be children exploited in prostitution and other sexual
abuse
"(b) Those who commit the act of sexual intercourse or
lascivious conduct with a child exploited in prostitution
or subjected to other sexual abuse: Provided, That when
the victim is under sixteen (16) years of age, the
perpetrators shall be prosecuted under Article 335,
paragraph 2, for rape and Article 336 of Act No. 3815, as
amended, otherwise known as "The Revised Penal Code",
for rape, or lascivious conduct, as the case may be:
Provided, That the penalty for lascivious conduct when
the victim is under sixteen (16) years of age shall be
reclusion perpetua in its medium period; and
"Section 7. Child Trafficking. - Any person who shall
engage in trading and dealing with children including, but
not limited to, the act of buying and selling of a child for
money, or for any consideration, or barter, shall suffer
the penalty of reclusion temporal to reclusion perpetua.
The penalty shall be imposed in its
