Atty. Julius Gregory Delgado
AMENDMENTS TO STATUTORY RAPE LAW AND
QUALIFIED SEDUCTION, SEDUCTION AND ACTS OF LASCIVIOUSNESS
On 04 March 2022, President Rodrigo Roa Duterte signed Republic Act No. 11648 entitled An Act Providing 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. 3816, 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”.
Article 266-A (1) (d) of the Revised Penal Code, as amended by the Anti-Rape Law of 1997, was further amended to increase the age of sexual consent from 12 years old to 16 years old. Hence, having carnal knowledge with a person under 16 years old, even if it is consensual, shall be considered and punished as Rape. It is called Statutory Rape because the law so provides or it is provided by a statute or law. RA 11648, however, also made a qualification that there shall be no criminal liability on the part of a person having carnal knowledge of another person under 16 years when the age difference between the parties is not more than 3 years and the sexual act is proven to be consensual, non-abusive and non-exploitative. The said exception, however, does not apply if the victim is under 13 years of age.
The law provided a definition on what is non-abusive which is the absence of undue influence, intimidation, fraudulent machinations, coercion, threat, physical, sexual, psychological, or mental injury or maltreatment, either with intention or through neglect, during the conduct of the sexual activities of the child victim. The law also defined what is non-exploitative as there is no actual or attempted act or acts unfairly taking advantage of the child’s position of vulnerability, differential power, or trust during the conduct of sexual activities.
Because of the increase of the age of sexual consent by virtue of RA 11648, Article 337 of the Revised Penal Code, which is the crime of Qualified Seduction, was amended to read that it is committed on a minor 16 years old and over but under 18 years old. Please note that Qualified Seduction before is committed by seducing a virgin over 12 years and under 18 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 woman seduced.
RA 11648 also amended Article 338 of the Revised Penal Code on Simple Seduction as seducing by committing deceit of a minor 16 and over but under 18 years old. In the old provision, there is a qualifier that the victim is a woman who is single or a widow of good reputation over 12 but under 18 years of age.
Finally, RA 11648 amended RA 7610 or the “Special Protection of Children Against Abuse, Exploitation and Discrimination Act” and provided that lascivious conduct when the victim is under 16 years of age is punishable by reclusion temporal. If the victim is 16 years old but under 18 years of age, Article 339 of the Revised Penal Code shall apply if committed by same persons and circumstances as in the provisions of Articles 337 (Qualified Seduction) and 338 (Simple Seduction).