Criminal Liability of a Minor

A 14-year old boy was caught in the act of raping a 7-year old girl.  What would be the liability, if any, does the boy have?

We will answer this question in accordance to what has been provided by Republic Act No. 9344 or otherwise known as the "Juvenile Justice and Welfare Act of 2006"

This law has defined what the child is.  Accordingly, the child refers to a person under the age of eighteen (18).  The age of the child shall be reckoned at the alleged time of the commission of the crime and not on the time when he/she was apprehended, nor at the moment the judgment shall be given.

Further, said law has also classified the child into:

1.  A child who was 15 years old or under at the time of the commission of the crime.

2.  A child who was below 18 but above 15 years old at the time of the commission of the crime.

Based also on the said law, the child who is alleged, as accused of, or adjudged as, having committed an offense under Philippine laws is called a Child in Conflict with Law or CICL.

Minimum Age of Criminal Responsibility:

1.  A child who was 15 years old or below at the time of the commission of the offense shall be EXEMPT FROM CRIMINAL LIABILITY.  However, the child shall be subject to intervention program pursuant to the above mentioned law.

2.  A child who was above 15 but below 18 years old at the time of the commission of the offense shall likewise be exempt and be subjected to intervention program, unless he or she has acted with discernment. In which case, such child shall be subjected to appropriate proceedings in accordance with the said law.

In both cases, exemption from criminal liability does not carry with the exemption from civil liability, in which case, it shall be enforced in accordance with existing laws.

Liability of a 14-year old boy:

Considering that he was only 14 years old at the time of the commission of rape, he is exempt from any criminal liability.  Thus, he could not be convicted, not even to be accused of, the crime of rape because of his age.

But this CICL shall undergo an intervention program in accordance with R.A. No. 9344.

The law may be harshed but it is the law.

However, the victim may ask civil liability in the form of damages from the CICIL.

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