Ra 11648

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The Republic Act 11648, Act providing for Stronger Protection against Rape and Sexual

Exploitation and Abuse


Rape is an inherently violent crime that typically results in physical, social, emotional, and
psychological harm. It remains a prevalent social problem in the Philippines, and throughout
the world.
Republic Act (R.A.) No. 8353, otherwise known as the Anti-Rape Law of 1997, expanded the
definition of the crime of rape in the Revised Penal Code (RPC) and re-classified it as a crime
against persons instead of as a crime against chastity. As a crime against persons, the law no
longer considers rape as a private crime. Thus, anyone who knows of the crime may file a case
on the victim’s behalf, and prosecution may continue even if the victim drops the case. In this
regard, the law is considered as progressive in terms of veering away from the chastity
framework.
According to the country’s National Baseline Study on Violence against Children (Council for the
Welfare of Children, 2016), 1 out of 4 Filipino children experience some form of sexual violence
with children aged 13-17 experiencing the most sexual violence. Majority of the victims of rape
are children aged 13-15 according to the Philippine Commission on Women. By raising the age
of sexual consent, we are casting a wider net to protect more children from being sexually
abused and exploited, especially by adults.
Last March 4, 2022, President Rodrigo Duterte has signed into law a measure raising the age of
sexual consent from 12 to 16 years to further shield minors from rape and other acts of sexual
abuse.

The Republic Act 11648, Act providing for stronger protection against rape and sexual
exploitation and abuse, amends Republic Act 8353 of 1997. The new law provides additional
protection to minors aged 16 and under against the following sexually related offenses:
qualified seduction, child prostitution and other sexual abuse, child trafficking and forceful
hiring of minors for obscene publications and indecent shows.

RA 11648 also mandates the stricter protection of minors from "other acts of neglect, abuse,
cruelty or exploitation prejudicial to the child's development."

"Any person who shall keep or have in his company a minor 16 years of age or under or who is
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 or similar places
shall suffer the penalty of prision mayor in its maximum period and a fine of not less than
P50,000," part of the law read.

The above, however, does not apply to any person who is related within the fourth degree of
consanguinity or affinity or "any bond recognized by law, local custom and tradition or acts in
the performance of a social, moral, or legal duty." The new law also mandates the Department
of Education to include age-appropriate subjects concerning the rights and protection of the
children in its basic curriculum.

The above, however, does not apply to any person who is related
within the fourth degree of consanguinity or affinity or "any bond
recognized by law, local custom and tradition or acts in the
performance of a social, moral, or legal duty." 

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