By Charissa Luci-Atienza

House Majority Leader and Leyte Rep. Martin Romualdez and his wife Tingog Sinirangan partylist Rep. Yedda Marie Romualdez proposed to raise the age of statutory rape from the current 12 years old to 16 years old and slap the offenders with life imprisonment.

The Romualdezes filed House Bill 4160 to provide stronger protection for children from sexual abuse.

“The establishment of a minimum age of sexual consent is a critical component in shielding children from sexual violence. Children below such age are considered without the power to resist and to give their genuine and fully informed consent to any sexual activity,” they said in their bill’s explanatory note.

They said the current age for determining the crime of statutory rape is “not compliant” with the international average as disclosed by a 2015 Report released by the United Nations Children’s Fund (UNICEF) East Asia and Pacific Region.

“In fact, the same study revealed that the age of sexual consent in the Philippines is the lowest in the Southeast Asian region,” the Romualdezes pointed out.

Under HB 4160, Romualdezes proposed amendments to the Revised Penal Code, as amended by Republic Act No. 8353, otherwise known as the Anti-Rape Law of 1997 and Republic Act No. 7610, also known as the Special Protection of Children Against Abuse, Exploitation and Discriminatory Act.

“If this measure is passed into law, any adult who has sexual intercourse with a minor below 16 years old is guilty of rape. Even if the minor has given his or her consent to the sexual act, it is still rape,” the Tingog partylist lawmaker, chairperson of the House Committee on the Welfare of Children, said.

“The sexual orientation of the offender is of no import. Men and women, even members of the LGBT community, may be charged with statutory rape. No one is above the law,” she added.

HB 4160 provides that the statutory rape is committed by any person who shall commit any of the following acts against a minor under 16 years of age:

Inserting a person’s penis into another person’s inner or outer vaginal labia, mouth or anal orifice;

Inserting any instrument or object, including a finger, into another person’s inner or outer vaginal labia, or anal orifice;

Causing the insertion of a person’s penis into the inner or outer vaginal labia, mouth, or oral orifice of another person through force, threat, intimidation, verbal pressure, persuasion, coercion, administration of alcohol, drugs resulting to the deprivation of reason, or fraudulent machination or grave abuse of authority;

When the offended party is deprived of reason or otherwise unconscious; and

Causing two or more persons to engage in sexual acts, or their performance of any of the abovementioned acts through force, threat, intimidation, verbal pressure, persuasion, coercion, administration of alcohol, drugs resulting to the deprivation of reason, or fraudulent machination or grave abuse of authority, even if the perpetrator does not participate.

Under the bill, statutory rape shall be meted with reclusion perpetua.

“It is highly imperative that a significant reform in our current legislation is required in order to comply with our international commitments in terms of the protection of children,” the Romualdezes said.

HB 4160 provides that reclusion perpetua in its maximum period shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:

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;

When the victim is under the custody of the police or military authorities or any law enforcement or penal institution;

When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third civil degree of consanguinity;

When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime;

When the victim is a child below seven-years-old;

When the offender knows that he is afflicted with the Human Immuno-Deficiency Virus (HIV) / Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim;

When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime;

When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability;

When the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and

When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime.

The bill provides that the subsequent valid marriage between the offended party and the offender shall not automatically extinguish the criminal action or the penalty imposed.

Under HB 4160, crimes of qualified seduction, simple seduction, forcible abduction, and consented abduction in relation to minors as victims are re-defined.

Qualified seduction is now “seduction of a minor 16 years and under 18 years of age, committed by any person in public authority, priest or religious engaged in legitimate religious vocation or calling, domestic, guardian, teacher or any person who, in any capacity, shall be entrusted with the education or custody of the minor seduced,” according to the bill.

Qualified seduction shall be penalized with prison correctional in its medium and maximum periods.

Under the bill, simple seduction is defined as “seduction of a minor of good reputation 16 years but under 18 years of age, committed by means of deceit,” which is punishable by arresto mayor.

While forcible abduction is “abduction of any person against his or her will and with lewd designs.” It shall be meted with reclusion temporal.

Under the bill, consented abduction is referred to “abduction of a minor 16 years and under 18 years of age, carried out with his or her consent and with lewd designs.” Offenders shall be punished by the penalty of prison correccional in its minimum and medium periods.