Statutory Rape

Law school memories flash through my mind whenever I encounter a statutory rape case. My group mates persuaded me to play the role of a victim of a statutory rape in our Trial Practice course because of my youthful look.  Way back in college, nene (child) is my usual role in most theater production. Sometimes, I try to figure out whether it is a compliment or simply a sarcasm.   It reminds me to ponder Psalm 139:

¹³ For you created my inmost being;
you knit me together in my mother's womb.

¹⁴ I praise you because I am fearfully and wonderfully made;
your works are wonderful,
I know that full well.

My heart is inundated with lavish gratitude to God at this moment for sparing me from experiencing such kind of heinous crime in real life and for protecting me from committing sexual immorality throughout my entire life.

So what is a Statutory Rape?

A statutory rape is committed by a man who shall have carnal knowledge (sexual intercourse) with a woman who is younger than that statutory age of consent. In the Philippines, UNDER twelve (12) years old is considered to be below the age required to legally consent to the behavior as provided for by Article 266-A of the Revised Penal Code (as amended by R.A. No. 8353) (so now you understand me as to whether it is a compliment or a sarcasm ^_^)

When the offended party is UNDER twelve (12) years of age or demented, Rape is committed even though NONE of the following circumstances are present:

1. through force, threat or intimidation;

2. when the offended party is deprived of reason or is otherwise unconscious;

3. by means of fraudulent machination or grave abuse of authority.

Accordingly, Rape is committed even if the girl UNDER twelve (12) years old is a prostitute.  Further, it is committed although she consented to the sexual act.  The law does not consider that kind of consent voluntary, as the offended party under 12 years old cannot have a will of her own.