CAMARINES Sur Rep. LRay Villafuerte has acclaimed the Duterte administration as a bulwark of gender equality as President Rodrigo “Roa” Duterte approved various measures safeguarding women and children, the latest of which is Republic Act (RA) 11648 that further protects them against sexual exploitation and makes prosecution less traumatic for rape victims, especially those who are minors.

RA 11648 has raised the age of sexual consent from 12 to 16 years to protect minors from rape and other acts of sexual abuse.

“It is only fitting that the President signed the law as we celebrate National Women’s Month in March. More importantly, the law covers not only female minors but all kids who are victims of sexual abuse under the age of 16,” Villafuerte said.

Villafuerte, a principal author of the measure in the House of Representatives, said the law protects rape victims, especially children, from “victim blaming and re-victimization” as RA 11648 makes it clear that having carnal knowledge of an individual under 16 years of age is rape, including those committed against children exploited in prostitution.

The previous 12-year-old minimum age of sexual consent in the Philippines was the lowest in Asia and one of the lowest in the world.

Citing a joint 2015 study by the United Nations Children’s Fund (UNICEF) and the Center for Women’s Resources, Villafuerte said seven out of 10 cases of rape happen to children, mostly girls, and that one out of five children ages 13-17 reported having experienced sexual violence.

Cases of online sexual abuse and exploitation of children in the Philippines increased to 202,605 under a strict lockdown from March to May 2020, from 76,561 cases a year earlier, according to the Department of Justice (DOJ).

Villafuerte lauded the President for his pro-women policies, which include the signing of Executive Order (EO) 12.

EO 12 seeks to attain and sustain “zero unmet need for modern family planning” through the strict implementation of the Responsible Parenthood and Reproductive Health Act.

He also cited the President’s signing into law of RA 11148 or the Kalusugan at Nutrisyon ng Mag-Nanay Act and RA 11210 or the 105-day Expanded Maternity Leave Law.

Under the new law raising the age of consent from 12 to 16, rape is committed by a person who shall have carnal knowledge of another person “when the offended party is under 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 16 years of age when the age difference between the parties is not more than three 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 13 years of age, this exception shall not apply,” the law states.

As used in this act, “non-abusive” shall mean 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 sexual activities with child victim, the law further said.

On the other hand, “non-exploitative” shall mean “there is no actual or attempted act or acts of unfairly taking advantage of the child’s position of vulnerability, differential power or trust during sexual activities.”

RA 11648 also amended Articles 337 or “qualified seduction” of the Revised Penal Code which now reads: “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 of custody of the minor seduced, shall be punished by prision correctional 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 is a virgin or over 18 years of age,” the amended provision added.

The new law said seduction is committed “when the offender has carnal knowledge of any of the persons and under circumstances described therein.”

“The seduction of a minor, 16 and over but under 18 years of age, committed by means of deceit, shall be punished by arresto mayor,” the amended Article 388 read.

Under the new law, children, whether male or female, who for money, profit or any other consideration or due to 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.”

RA 11648 also mandates the Department of Education (DepEd) to include in the basic education curriculum and teach age-appropriate subjects tackling the rights and protection of the children in relation to the law.