The country’s age of consent was 12 years old under the Anti-Rape Law signed in 1997. This means that having sexual intercourse with children 12 years of age and above is legal regardless of the age gap between the minor and their partner. Sexual intercourse with children below the age of consent is subject to statutory rape. But in the event that the defendant is proven guilty, the case could be dismissed if he marries the minor.
The Philippine society is conservative. For some, marriage is considered penitence for rape because the aggressor took responsibility for his actions. Marriage is also a way to salvage the reputation of the girl including her family. But this is about to end soon.
There are different factors that trigger statutory rape. In a documentary released by Al Jazeera in 2018 entitled “The Philippines’ Baby Factory,” poverty is the top reason why minors engage in sexual intercourse.. Minors from marginalized families are forced to be in a relationship with older partners to have a “better life” or even just to escape hunger. As a result, the country has a high rate of teenage pregnancies. In 2019, the Commission on Population and Development (PopCom) said that, on average, around 64,000 minors give birth yearly.
In response, Philippine lawmakers passed a significant legislative milestone which caught the attention of international committees. In August 2020, the House of Representatives approved on 2nd reading a bill that raises the age of sexual consent to 16 years old. The bill seeks to provide stronger protection for minors against sexual abuse and sexual exploitation.
Under the bill, marriage as a means of extinguishing criminal liabilities will no longer be tolerated. The definition of rape has been ammended to include sexual gratification such as sexual perversion. House Bill 7836 or the amended Republic Act 7610, will charge violators with reclusion perpetua or an imprisonment of 20 to 40 years.
The amendment addresses just one of the biggest problems in our society. Although, taking one step at a time is better than having no progress at all, it is crucial to pass this law in the soonest possible time.
