REVIEW OF RELEVANT LAWS ON CHILD SEXUAL ABUSE AND COMMERCIAL EXPLOITATION

1. REVIEW OF RELEVANT LAWS ON CHILD SEXUAL ABUSE AND COMMERCIAL EXPLOITATION

2. Outline of Presentation • Relevant Provisions of RA 7610 • Pertinent Provisions of the RPC • RA 9208 (The Anti-Trafficking in Persons Act of 2003)

3. Republic Act No. 7610 Special Protection of Children Against Child Abuse, Exploitation and Discrimination

4. Definition • Children - persons below 18 years of age or those over but are unable to to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.

5. Definition • CHILD ABUSE -Refers to maltreatment, whether habitual or not, of the child which includes any of the following; • Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment; • Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being;

6. Definition • CHILD ABUSE -Refers to maltreatment, whether habitual or not, of the child which includes any of the following; • Unreasonable deprivation of his basic needs for survival, such as food and shelter • Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death

7. Offenses Against Children under RA 7610 • Child Prostitution and other sexual abuse • Attempt to commit child prostitution • Child Trafficking • Attempt to commit child trafficking • Child pornography and indecent shows and publication • Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child’s Development

8. Child Prostitution and Other Sexual Abuse • Who are deemed to be children exploited in prostitution and other sexual abuse? • Children, whether male or female, • Who for money, profit, or other consideration or due to coercion or influence of adult, syndicate or group • Indulge in sexual intercourse or lascivious conduct

9. Child Prostitution and Other Sexual Abuse • What is lascivious conduct? • Means the intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks; or any act of lewdness; • Done with force or intimidation, fraudulent machination or grave abuse of authority; or where the offended party is deprived of reason or otherwise unconscious; • With intent to abuse, humiliate, harass, degrade the child, or arouse or gratify the sexual desire of any person • Bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a person

10. Child Prostitution and Other Sexual Abuse Who may be liable? • Those who engage in, or promote, facilitate or induce child prostitution which includes, but are not limited to, the following: • acting as a procurer of a child prostitute • inducing a person to be a client of a child prostitute • taking advantage of influence or relationship to procure a child as a prostitute • threatening or using violence towards a child to engage him as a prostitute • giving monetary consideration/pecuniary benefit • Penalty- Reclusion Temporal med-Reclusion Perpetua

11. Child Prostitution and Other Sexual Abuse • Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse. • Penalty-same with Art. 335 and 336 of RPC except if victim is under 12 yrs (Rec.Temp. med) • Those who derive profit or advantage therefrom -as manager or owner of the establishment where the prostitution takes place/establishment serving as cover or which engages in prostitution other than activity it was licensed for. • Penalty-Reclusion Temporal med-Reclusion Perpetua

12. Attempt to Commit Child Prostitution • Any person, not being a relative of a child, is found alone with the said child inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishment, vessel, vehicle or any other hidden or secluded area which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse. • Any person, receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar establishments. • Penalty- 2 deg.lower than that prescribed for the consummated felony

13. Child Trafficking • Any person who shall engage in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any other consideration or barter. • Penalty-Reclusion Temporal-Reclusion Perpetua. If victim is under 12 years, maximum period

14. Attempt to Commit Child Trafficking • Allowing a child to travel alone to a foreign country • Pregnant woman’s execution of affidavit of consent to adoption of unborn child for consideration • Recruitment of women or couples for child bearing for purposes of child trafficking • Simulation of birth by doctor, hospital, clinic official, etc. for the purpose of child trafficking • Finding children among low-income families, hospitals etc. to sell • Penalty- 2 deg. Lower from the consummated felony

15. Obscene Publication and Indecent Shows hire obscene exhibitions live or employ perform indecent shows in video use pose/model Obscene publications pornographic materials Person persuade child induce sell pornographic materials coerce distribute Penalty- Prision Mayor. If under 12 years, maximum period.

16. Obscene Publications and Indecent Shows: • Any ascendant, guardian, or person entrusted in any capacity with care of a child who shall cause and/or allow such child to be employed or to participate in an obscene play, scene, act, movie or show or in any other acts covered by this section shall suffer the penalty of Prision Mayor medium.

17. Other Acts of Abuse • Any person who shall commit any other acts of child abuse, cruelty or exploitation or be responsible for other conditions prejudicial to the child’s development including those covered by Art. 59 of PD 603, but not covered by the Revised Penal Code • Penalty- Prision Mayor Minimum

18. Other Acts of Abuse • Any person who shall keep or have in his company a minor, twelve (12) years or under or who is ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places. • Exception:Person related within the fourth degree of consanguinity or affinity or any bond recognized by law, local customs and tradition or acts in the performance of a social, moral or legal duty. • Penalty- Prision Mayor maximum and fine of not less than Php 50,000.00.

19. Other Acts of Abuse • Any person who shall induce or deliver or offer a minor to anyone prohibited under R.A. 7610 as above described. • Penalty-Prision Mayor Medium and fine of not less than Php 50,00.00. • Any person, owner, manager or one trusted with the operation of any public or private place of accommodation, whether for occupancy, food, drink, or otherwise, including residential places, who allows any person to take along with him such place or places any minor herein described. • Penalty-Prision Mayor Medium and fine of not less than Php 50,000.00

20. Other Acts of Abuse • Any person who shall use, coerce, force or intimidate a street child or any other child to: • beg or use begging as a means of living • act as conduit or middleman in drug trafficking or pushing • conduct any illegal activities. • Penalty- Prision Correccional Medium-Reclusion Perpetua

21. Penalties for Specific Crimes • When victim is under 12 years and for purposes of this act, the penalties for Murder, Homicide, other intentional mutilation, Serious Physical Injuries-Reclusion Perpetua. • For Qualified Seduction, acts of lasciviousness with consent, corruption of minors, white slave trade- one degree higher than that imposed by law.

22. Remedial Procedures • Who may file a complaint? • Offended Party • Parents or Guardians • Ascendant or collateral relative within 3rd degree of consanguinity • Officer, social worker or representative of a licensed child-caring institution • Officer or social worker of the DSWD • Barangay Chairman, or • Three (3) concerned, responsible citizens where the offense was committed

23. Remedial Procedures • Protective Custody of the Child (DSWD will be free from any administrative, civil or criminal liability) • Confidentiality • Name of the offended party withheld from the public until the court acquires jurisdiction • Unlawful to cause undue and sensationalized publicity of any case • Special Court Proceedings • Protection of victim from undue publicity (IRR) records

24. Pertinent Provisions of the Revised Penal Code

25. Rape (Art. 266-A)As amended by RA 8353, “The Anti-Rape Law of 1997” • Expanded the definition of the crime of rape to include sexual assault • Reclassified rape as a crime against persons • Added “fraudulent machinations or grave abuse of authority” as a fourth mode of committing rape under parag.1 • Considered demented persons statutory rape

26. Rape (Art. 266-A)As amended by RA 8353, “The Anti-Rape Law of 1997” How rape is committed?: • By a man who shall have carnal knowledge with a woman under any of the following circumstances: • through force, threat or intimidation • when the offended party is deprived of reason or otherwise unconscious • by means of fraudulent machination or grave abuse of authority • when the offended party is under 12 or is demented, even though none of the circumstances mentioned above

27. Rape (Art. 266-A)As amended by RA 8353, “The Anti-Rape Law of 1997” How rape is committed?: • By any person who, under any of the circumstances mentioned in par. 1, shall commit an act of sexual assault by inserting • his penis into another’s mouth or anal orifice • any instrument or object into the genital or anal orifice of another person

28. Other Crimes under the RPC • Acts of lasciviousness (Art. 336) • offender commits any act of lasciviousness or lewdness • committed using force or intimidation; offended party is deprived of reason or otherwise unconscious; offended party is below twelve (amended by RA 7610) • Acts of lasciviousness with the consent of the offended party • offended party is a woman above 12 or under 18 • committed under the circumstances and by the same circumstances under Arts. 337 and 388

29. Other Crimes under the RPC • Qualified seduction • offended party was a virgin at the time of the commission of the offense • offended party is over 12 but under 18 • offender had carnal knowledge • offender is one of those persons enumerated under Art. 337 par. 1 (a person in public authority, a priest, house-servant, domestic, guardian, teacher, or any person entrusted with the custody or education if the woman) • Note: consent or deceit not essential elements; virginity refers to chaste character not physical virginity

30. Other Crimes under the RPC • Simple seduction • offended party must be single or a widow • of good reputation (virginity not essential) • over 12 and under 18 • offender had carnal knowledge of her • act was committed by means of deceit

31. Other Crimes under the RPC • Corruption of minors • how committed? • Habitually promoting or facilitating the prostitution or corruption of a minor of either sex • promoting or facilitating the prostitution or corruption of a minor, the offender availing of his authority over the minor, or acts with abuse of confidence • Note: habituality or abuse of authority is no longer an element of the offense (BP 92)

32. Other Crimes under the RPC • White Slave Trade • how committed? • By engaging in the business of prostitution • By profiting by prostitution • By enlisting the services of women for the purpose of prostitution • liability attaches: a) enlistment without sharing in the profit; or b) sharing in the profit without enlistment

33. Other Crimes under the RPC • Forcible abduction • the persons kidnapped must be a woman (immaterial whether she is a widow, married or virgin) • committed against her will (except for those under 12)(by means of deceit or violence) • committed with unchaste designs, that is with the intention of lying with the woman (if w/o lewd designs, illegal detention; but if forcibly taken to coerce her to marry him, grave coercion)

34. Anti-Trafficking in Persons Act of 2003 Pros. Lolita L. Lomanta Office of the Cebu Provincial Prosecutor

35. AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS EXPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER PURPOSES Republic Act 9208

36. DEFINITION OF TERMS TRAFFICKING IN PERSONS: • Refers to the: a) recruitment, b) transportation, c) transfer, or d) harboring, or e) receipt of persons • with or without the victims consent or knowledge, • within or across national borders

37. by means of: • threat or use of force, or other forms of coercion, • abduction, • fraud, • deception, • abuse of power or of position, • taking advantage of the vulnerability of the person, or g) the giving or receiving of payments or benefits to achieve the consent of a person having control of another person

38. For the purpose of exploitation which includes at the minimum: a) exploitation or prostitution b) other forms of sexual exploitation c) forced labor or services, slavery, servitude or d) removal or sale of organs • If the victim is a child, the recruitment, transportation, transfer, harboring or receipt shall be considered “trafficking in persons” even if it does not involve any of the means set forth in the preceding paragraph

39. Acts of Trafficking in Persons • To recruit, transport, transfer, harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, etc…

40. Acts of Trafficking in Persons (2) • To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, etc…

41. Acts of Trafficking in Persons (3) • To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, etc…

42. Acts of Trafficking in Persons (4) • To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation; • To maintain or hire a person to engage in prostitution or pornography;

43. Acts of Trafficking in Persons (5) • To adopt or facilitate the adoption of persons for the purpose of prostitution, etc… • To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person

44. Acts of Trafficking in Persons (6) • To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad

45. Acts that Promote Trafficking in Persons • To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting trafficking in persons

46. Acts that Promote Trafficking in Persons (2) • To produce, print and issue or distribute un-issued, tampered or fake counseling certificates, registration stickers and certificates of any government agency which issues these certificates and stickers as proof of compliance with government regulatory and pre-departure requirements for the purpose of promoting trafficking

47. Acts that Promote Trafficking in Persons (3) • To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet, or any brochure, flyer, or any propaganda material that promotes trafficking

48. Acts that Promote Trafficking in Persons (4) • To assist in the conduct of misrepresentation or fraud for purposes of facilitation the acquisition of clearances and necessary exit document from government agencies mandated to provide pre-departure registration and services for the purpose of promoting trafficking

49. Acts that Promote Trafficking in Persons (5) • To facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and seaports who are in possession of un-issued, tampered or fraudulent travel documents for the purpose of promoting trafficking in persons

50. Acts that Promote Trafficking in Persons (6) • To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress from the government or appropriate agencies