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Statement of CHR Spokesperson, Atty Jacqueline Ann de Guia, supporting the passage on second reading of Senate Bill No. 2332 that raises the age for determining statutory rape in the Philippines

The Commission Human Rights (CHR) stands together with the Philippine Senate in pushing for the long-awaited legislative amendment that raises the age of sexual consent from 12 to at least 16 years old.

The CHR, in cooperation with our partners in the child rights network, continues to advocate for measures that champions the best interest of the child. And the proposed Senate Bill No. 2332 is a big step towards that direction.

At 12 years old, the Philippines has the lowest age to determine statutory rape in Asia and second lowest in the world next to Niger at 11 years old. Children around this age have not yet reached full emotional maturity to allow them to make sound decisions. Likewise, based on government data, children aged 14 to 18 are most vulnerable to rape and incest. This outdated minimum age for sexual consent at 12 years old is also in conflict with local laws related to sex and sexual abuse, such that minors cannot access reproductive health, family planning, and HIV testing services without parental consent.

The proposed bill, apart from increasing the age of consent, seeks to make the language of the law more gender-responsive, citing that rape is “committed by a person against any person” instead of limiting the definition only between a man and a woman.

As a signatory to the United Nations Convention on the Rights of the Child, and the Convention on the Elimination of Discrimination Against Women, among others, the Philippines is bound to its State obligation to ensure the protection of children from all forms of sexual exploitation and sexual abuse.

Although ending the horrendous act of child rape in the country might take a longer time to realise, the Commission strongly lobbies for the immediate passage of Senate Bill No. 2332 as it would be a landmark legislation in ensuring children’s protection against rape and other abuses. Hopefully, this will signal more advances in children’s rights like securing children’s access to justice, victim support, rehabilitation, and reintegration to society. ###

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