The New Definition of Statutory Rape under Republic Act No. 116481

On March 4, 2022, President Rodrigo Roa Duterte signed into law Republic Act No. 116481 or the Act Providing for Stronger Protection Against Rape and Sexual Exploitation and Abuse, Increasing the Age for Determining the Commission of Statutory Rape, Amending for the Purpose Act No. 3815, as Amended, Otherwise Known as "The Revised Penal Code", Republic Act No. 8353, Also Known as "The Anti-Rape Law of 1997", and Republic Act No. 7610, as Amended, Otherwise Known as the "Special Protection of Children Against Abuse, Exploitation and Discrimination Act."

So this law amended the following:

1.  Act No. 3815, as amended, or "The Revised Penal Code".

2.  Republic Act No. 8353, or "The Anti-Rape Law of 1997".

3.  Republic Act No. 7610, as amended, or the "Special Protection of Children Against Abuse, Exploitation and Discrimination Act."

This new law provides the new definition of statutory rape.  Thus, rape is committed by a person who shall have carnal knowledge of another person under any of the following circumstances:

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d.  When the offended party is under sixteen (16) years of age or is demented, even though none of the circumstances mentioned above be present: Provided, That there shall be no criminal liability on the part of the person under sixteen (16) years of age when the age difference between the parties is not more than three (3) years, and the sexual act in question is proven to be consensual, non-abusive, and non-exploitative: Provided, further, That if the victim is under thirteen (13) years of age, this exception shall not apply.

As used in this Act, non-abusive shall mean the absence of undue influence, intimidation, fraudulent machinations, coercion, threat, physical, sexual, psychological or mental injury or maltreatment, either with intention or through neglect, during the conduct of sexual activities with the child victim.  On the other hand, non-exploitative shall mean there is no actual or attempted act or acts of unfairly taking advantage of the child's position of vulnerability, differential power, or trust during the conduct of sexual activities.

Discussion:

Under the new law, the offender could be any person. This person could be a man or woman having carnal knowledge of another person.  The offended party here could also be a man or woman.  The law is clear on this matter.

When the offended party is under 16 years of age or is demented, it is already rape even the circumstances mentioned how the rape is committed be present or not.  This is the new definition of statutory rape.  It increases the age of rape victim in statutory rape from below 12 years to below 16 years old.

However, if the age difference of the parties is not more than 3 years and the sexual act in question is proven to be consensual, non-abusive, and non-exploitative, there is no rape.

If the victim is under 13 years old, even if the age difference of the parties is not more than 3 years and the sexual act in question is proven to be consensual, non-abusive, and non-exploitative, it is always rape.