Anti-Child Exploitation Act of 2007

1. Anti-Child Exploitation Act of 2007 Salient points of the proposed bill

2. CRC Committee Observations and Recommendations • Philippines has relatively ‘advanced legal framework’ on child protection • BUT: Committee has grave concern about incidence of child sexual abuse and exploitation • Minimum age of sexual consent is not clearly enough established in RPC • Laws impose maximum penalties for sexual offences when victim is below 12 and imposes lower penalties for sexual offences against minors over 12 years old (equal protection issue) • Must set a clearly defined minimum age of sexual consent at an internationally acceptable level

3. Age of statutory rape • The age used to ascertain whether any sexual act with a person is considered a crime • Philippines has one of the lowest established age = 11 years old and below • By establishing the age of statutory rape as 11 and below the law establishes the age of sexual consent as starting at12 years old

4. Prop. amendments RPC Art. 266-A (1)d Age of Statutory Rape • below 16 yrs old[instead of below 12 yrs

5. Exceptions: • 1.) the man who has sexual intercourse with a woman is himself below 18 years old provided the man is not more than 2 years older and none of the circumstances in 266-A 1)a,b,c is present. • 2.) a Muslim man who has sexual intercourse with a Muslim woman after he has contracted a valid marriage under PD No. 1083

6. Proposed amendments Art. 266-A (2) Inclusion of the word finger to read as follows • “2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, or finger, into the genital or anal orifice of another person.” • Jurisprudence: PEOPLE vs. SORIANO G.R. No. 142779-95. August 29, 2002 and PEOPLE vs. PALMA [G.R. No. 148869-74. December 11, 2003

7. Proposed amendments Art. 266-A (2) • “Rape under paragraph 2 (sexual assault) of the next preceding article shall be punished by prision mayor; Provided if the sexual assault is committed by a man who inserts his penis in the anal orifice of another, the penalty shall be reclusion perpetua; Provided further that if any of the qualifying circumstances mentioned in Rape under paragraph 1 are present, their corresponding penalties shall also apply in such sexual assault.” • What if we also include the insertion of penis into the mouth or insertion of objects in the anal or genital orifice of a person?

8. Proposed amendments: RA 7610 §.5(b) • Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subject to other sexual abuse; Provided, That when the victim is under sixteen[twelve (12)] years of age, the perpetrators shall be prosecuted under 266 –A paragraph 1, [Article 335, paragraph 3], for rape [and] or Article 336 for lascivious conduct of Act No. 3815, as amended, the Revised Penal Code, [for rape or lascivious conduct,] as the case may be: Provided, That the penalty for lascivious conduct when the victim is under sixteen[twelve (12)] years of age shall be reclusion temporal in its medium periodand the penalty next degree lower if the victim is over sixteen years of age;

9. Proposed amendments RPC To harmonize other provisions of the law • Art. 337: Qualified Seduction = increase age to 16 yrs but below 18 yrs • Art. 338: Simple Seduction = increase age to 16 yrs but below 18 yrs • Art. 339: Acts of Lasciviousness with Consent of the Offended Party = increase penalty to prision correccional (in relation to RA 7610 Sec. 5 &10)

10. Proposed amendments RPC • Art. 342: Forcible Abduction = in every case if female is under 16 yrs • Art. 343: Consented Abduction = increase the age to 16 yrs but below 18 yrs