MEMBERS of the bicameral conference committee discussing proposed amendments to the Revised Penal Code have agreed to raise the age covered under the crime of statutory rape to 16 years old from the current 12 years old.
Senate majority leader Juan Miguel Zubiri said the bicameral panel approved the reconciled version of Senate Bill 2332 and House Bill No. 7836 on Wednesday.
Zubiri said that under the reconciled measure, any person who will be found to have a sexual relationship with a person 16 years old or younger can automatically be charged with statutory rape, even if the sexual act is consensual.
Along with increasing the age, the bill also amends the language of the law to be gender-responsive and to reflect that rape is committed by “a person who shall have carnal knowledge of another person,” rather than the previous language that defines rape as being between a man and a woman.
Zubiri said the crime of statutory rape covers both men and women, regardless of their sexual orientation.
Zubiri said members of the bicameral panel decided to retain the “Romeo and Juliet” provision, which allows a person who is 16 years old or below to have a sexual relationship with an older individual provided that their age gap is not more than three years.
For example, he said, a 16-year-old minor can enter into a relationship with a 19-year-old individual, but he or she cannot have a relationship with a person who is 20 years old or older because of the age gap provision.
He added that individuals who fall within the 13 to 16-year-old bracket can have a sexual relationship within the same age group.
“So, ‘yung 15 (years old) which is still protected by this law ay puwede makipag-relationship sa (18 years old) under sa Romeo and Juliet clause. Pero bawal siya makipag-relationship sa 19 and above at pasok na sila sa statutory rape. Ang bawal talaga ang magka relationship sa below 13. ‘Yan no matter what talagang bawal and will be considered statutory rape
(A 15-year-old person, who is protected by this law, can enter into a relationship with an 18-year-old person under the Romeo and Juliet clause, but he or she cannot have a relationship with someone who is 19 years old and above because will already fall under statutory rape. But what is really prohibited is to have a relationship with someone who is younger than 13 years old. That will be considered statutory rape,” Zubiri said.
The reconciled version will be submitted to the respective plenary of the Senate and House of Representatives for ratification.
