MANILA. President Rodrigo Duterte. (Presidential Communications Photo)
Duterte signed on March 4, 2022, Republic Act (RA) 11648, which provides a stronger protection against rape and sexual exploitation and abuse and increasing the age for determining the commission of statutory rape, the Malacañang said on Monday, March 7.
It was an amendment to the Anti-Rape Law of 1997 and the Special Protection of Children Against Abuse, Exploitation and Discrimination Act.
RA 11648 mandates that the seduction of a minor 16 years old and over but under 18 shall be punishable by arresto mayor.
“The seduction of a minor, 16 and over but 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 minor seduced shall be punished by prision correccional in its minimum and medium periods,” read the law.
“The penalty next higher in degree shall be imposed upon any person who shall seduce his sister or descendants, whether or not she be a virgin or over 18 years of age,” it added.
The law exempts from criminal liability partners 16 years old and below and with an age difference of not more than three years, engaging in “consensual” sexual activity provided that the act is non-abusive and non-exploitative.
Non-abusive was defined as 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 sexual activities with a child victim.
The law also considers it as child exploitation in prostitution and other sexual abuse if children, whether male or female, indulge in sexual intercourse or lascivious conduct for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group.
A person who will engage in a sexual intercourse or commit lasciviousness to a person 16 years old and below will be punished with "reclusion temporal in its medium period," while a person who shall engage in child trafficking shall face "reclusion temporal to reclusion perpetua."
The law also imposes punishment of a fine of not less that P50,000 and prision mayor in its maximum period to a person who shall keep or accompany a minor 16 years of age or 10 years younger than him or her in any public or private place, such as hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist or similar places.
The penalty, however, does not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by the law, local custom and tradition or acts in the performance of a social, moral or legal duty.
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