After Duterte raised sexual consent to 16, rape remains most prevalent crime in 2023

ARTICLE: JOLIE BABISTA | JANUARY 20, 2024

Two kids playing at a park in Manila. | via Jolie Babista

A year after former President Rodrigo Duterte raised the legal age of consent for sexual activity from 12 to 16 years old, the Philippine National Police (PNP) reported that rape remains consistent as the top prevalent crime in the country, alongside theft and physical injury.

This was revealed in the PNP Crime Research Analysis Center (CRAC) report where 26,044 crime cases from January to September 2023, showed rape, theft, and physical injury topping the list.

The Council for the Welfare of Children (CWC) also revealed that about 9,000 child abuse cases were recorded in the country in 2023, with some of them happening inside their homes.

A 2015 study by the United Nations Children’s Fund (UNICEF) also reported that a minimum of 17% of Filipino children aged 13 to 17 had encountered sexual violence growing up. While UNICEF’s 2020 statistics indicate that approximately 12.5% of children globally have faced sexual abuse or exploitation at some point in their lives.

This data casts a spotlight on the urgent need for protective measures, particularly in the wake of the Philippines’ decision to raise the legal age of consent to 16.

Age of sexual consent is now 16

Following the passage of the Prohibition of Child Marriage Law in January 2022, Duterte also signed the Republic Act No. 11648 on March 4, 2022, raising the legal age of consent for sexual activity from 12 to 16 years old as a move to protect children from exploitation and abuse.

It modifies the Anti-Rape Act of 1997, declaring that having sex with a person younger than 16 years old will be regarded as statutory rape.

Any adult having sex with someone who is 16 or younger would be guilty of statutory rape under the gender-neutral bill unless there is a three-year age gap and the sex was shown to be voluntary, non-abusive, and non-exploitative.

The goal of imposing a minimum age of consent for sexual activity is to protect children from abuse and unintentional consequences when they participate in sexual behavior. The law also illegalizes engagement in sexual activity with someone who is not old enough to give consent, as this is considered sexual abuse.

Senator Risa Hontiveros, the primary author of the said act, commended the former president for officially enacting the measure she pushed in the Senate.

In a 2022 statement, the opposition lawmaker said she was heartened that those in the government managed to come together for the country's young people.

“Bilang ina, ako ay mas napanatag na ang ating pamahalaan ay nandiyan para makinig at dumepensa sa ating mga anak,” Hontiveros said.

The law also prohibits marriage in both religious and cultural contexts when one or both partners are under the age of 18. Parallel to the End Child Rape Law, it intends to protect children from the adverse consequences of young marriage, particularly young girls.

After decades of battle, the End Child Rape Law was finally passed, opening the door for future laws that would protect women, children, and other vulnerable groups in the Philippines.

Continuous battle for the country

The figures, while alarming, may only scratch the surface due to underreporting and a lack of comprehensive data. UNICEF's call for a more responsive and streamlined reporting system aligns with a broader narrative of systemic change needed to protect the vulnerable.

According to a 2023 report from the Department of Social Welfare and Development (DSWD), the number of abuse cases would rise even more rather than decline due to the government's slowness in enforcing punishments, looking into grievances, and the low age of sexual consent in the Philippines.

CWC Executive Director Angelo Tapales also said that 8,948 Filipino children underwent abuse, based on data collected by the women and children protection units in all hospitals nationwide.

The public is encouraged to report incidents of child abuse through email, text message, or chat. Upon receiving reports, the CWC verifies the information and appropriately refers the victims to the relevant authorities or specialists for assistance.