Simple and Statutory Rape

Simple and Statutory Rape
Philippine law on simple rape punishes sexual intercourse with a woman, provided the
presence of certain circumstances, to wit:
a) Through force, threat or intimidation;

b) When the offended party is deprived of reason or is otherwise unconscious,
c) By means of fraudulent machination or grave abuse of authority;
x x x.1
Under this provision, simple rape is committed by having carnal knowledge of a woman
against her will either because she was forced upon or intimidated or is incapable of giving
consent to the sexual act because she is deprived of reason, unconscious or impaired to fully
comprehend the nature and consequences of the act. It is punished by reclusion perpetua.2 In
1997, Republic Act No. 8353 or the Anti-Rape Law of 1997 amended provisions on rape under
the Revised Penal Code classifying rape as a crime against persons rather than a crime
committed against honor, veering away from the chastity framework. Further, physical overt act
of resistance, in any degree, against the act of rape can now be admitted as evidence negating
consent to the sexual act. Nevertheless, this amendatory law maintained the traditional concept
of rape which centers on force, threat and intimidation vis-à-vis consent.
Thereby, it is still difficult for a woman to press charges because of the evidential rules
concerning the crime. Many rape cases are being dismissed in courts because victims have to
prove beyond reasonable doubt that there was no consent. Consent must not only revolve around
the woman’s express refusal to engage in a sexual activity n should it be presumed in the absence
of overt physical effort to resist the act of rape. In People vs. Claro3, the Supreme Court acquits
1
Article 266-A 1 of the Revised Penal Code of the Philippines.
2
Id, at Article 266-B.
3
People vs. Claro, G.R. No. 199894, April 5, 2017.
the accused as it found that the sexual intercourse is consensual. The Supreme Court ruled that
although the element of force was present, there is no evidence showing that she resisted in that
whole time or exhibited a reluctance to enter the motel with him. Instead, she appeared to have
walked with him towards the motel, and to have entered it without hesitation. What she did not
do was eloquent proof of her consent. It expounds that mere presence of abrasions and
contusions on her did not preclude the giving of her consent to the sexual intercourse, for
abrasions and contusions could also be suffered during voluntary submission of the partners to
each other's lust. As noted by the Supreme Court, the accused and the victim are both capable of
consenting to sexual intercourse.
The Philippine criminal law on statutory rape impliedly set a minimum age for giving
consent to sexual act. The law provides that statutory rape is committed by sexual intercourse
with a woman below twelve (12) years of age or is demented, regardless of her consent, or the
lack of it, to the sexual act.4 If the woman is underage, the law does not consider sexual consent
voluntary, as the offended party under 12 years old cannot have a will of her own. At that age,
the law presumes that the victim does not possess discernment and is incapable of giving
intelligent consent to the sexual act. By implication, a woman at the age of 12, is regarded by law
capable of consenting to a sexual act.
The law on statutory rape provides stronger deterrence and protection against rape.
Unlike simple rape, consent is immaterial in cases of sexual intercourse involving a woman
under 12 years old. In the prosecution of statutory rape, proof of force and consent becomes
immaterial not only because force is not an element of statutory rape, but the absence of a free
consent is presumed.5 Thus, to convict an accused of the crime of statutory rape, the prosecution
4
Article 266-A 1(d) of the Revised Penal Code.
5
People v. Deliola, G.R. No. 200157. August 31, 2016.
only needs to prove the age of the complainant and the sexual intercourse between the accused
and the complainant.6 The penalty for statutory rape is reclusion perpetua.
Statutory rape law is admittedly harsh, having minimal requirements yet punished with
the maximum penalty. But it is harsh by necessity. The very purpose of the law is to protect
underage girls from sexual predators who prey on their vulnerabilities. Sexual predators who
cannot control their libidinous proclivities must be severely penalized. Further, underage girls
will be effectively protected by placing an absolute prohibition on having sexual intercourse with
them, regardless of any attending circumstance. In addition to, because statutory rape is an easily
documented offense, statutory rape law provides a better redress mechanism. A victim can seek
conviction which simply would not be obtainable under simple rape law by reason of evidentiary
rules, i.e proof that sexual intercourse was nonconsensual.
Despite providing stronger deterrence against rape and better redress mechanism, the
coverage of statutory rape law is narrow. It only covers to girls under 12 years old. To recount,
rape incidents keep rising and the victims are mostly teenage girls aged 14-17 years old.
Although still in their minor years, these teenagers are not recognized as underage to have sexual
intercourse under the current statutory rape law. This is problematic because by reason of their
age, these teenage girls have a natural tendency to just submit to the sexual act since their sexual
predators are usually older, who can assert moral dominance over them. The result of this
unfortunate situation is that the sexual predators can just walk away scot-free, because absence
of physical resistance to the sexual act is viewed by the court as a manifestation of consent under
simple rape.
6
Id.
Through the years, the victims of rape are mostly teenage girls aged 12-17 years old.
They have become the favorite prey because the law on statutory rape excludes them in its
coverage. Instead, these teenagers are put under the mantle of law on simple rape, that while in
their minor years, are seen by the law capable of consenting to sex. Despite the heavy penalty of
the rape, prosecution of the offense cannot be afforded to the victims due to the contestable
ground of consent.

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Simple and Statutory Rape

presence of certain circumstances, to wit:

a) Through force, threat or intimidation;

of rape which centers on force, threat and intimidation vis-à-vis consent.

consenting to sexual intercourse.

capable of consenting to a sexual act.

rules, i.e proof that sexual intercourse was nonconsensual.

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