The age of consent

This chart makes it appear that the Philippines has one of the lowest ages of sexual consent in the world. (This document places it at 18 but doesn't cite the law.)

It's a little more complex than that, though. There are various laws protecting persons under twelve and under eighteen from sexual abuse.

Let me preface all this by saying I'm no lawyer. Nonetheless, here's what I understand.

First, there is the law on statutory rape, which essentially says that any form of sex with anyone under the age of twelve is automatically a crime. The penalty is quite stiff in the Philippines: life imprisonment to death.

Secondly, sexual contact with anyone from twelve to seventeen for money or renumeration is also a crime.

Third, there is also a sexual harrassment law which criminalizes the requirement of sexual favors by a person in authority of his or her subordinate.

But what about consensual sex from ages to twelve to seventeen? Well here's where it appears to get more tricky. I haven't found any clear laws specifically pertaining to this, but the closest I could find was a law on seduction (click here then scroll down until you get to Michelle Basco's article).

According to this law, it is a crime to deceive (for example, with promises of marriage) or abuse one's authority, confidence, or relationship in order to gain the consent of a female (not male) to have sex, if she is: (a) from thirteen to seventeen-years-old, and (b) a virgin or a woman "of good reputation."

There does not seem to be any similar law for males nor for teenage women who are not "of good reputation."

If, then, this indeed is the only law directly pertaining to consensual sex involving teenagers from twelve to seventeen, I find it disturbing.

On the one hand, I know that the lack of legislation regarding this is partly cultural and historical. During my grandmothers' time, a lot of girls married in their early teens. Only in my lifetime was was the marrying age raised to eighteen (with parental consent, twenty-one with parental advice, twenty-five without parental consent nor advice).

Nonetheless, I think that there should be more protection for teenagers from being taken advantage of by adults, and I do think that there ought to be clearer laws in this regard.

First, I do think that the age of consent be raised. Another possibility would be to put some kind of "middle ground" put for statutory rape with a milder penalty, when, for example, the victim is between twelve and fourteen. (In some countries, for example, the penalty for this would be a minimum of ten years' imprisonment.)

Secondly, I've noticed that some countries have laws that adjust the penalty according to the age difference among the two parties. Perhaps something similar should be done in the Philippines. For example, maybe when the younger party is beyond the age of fourteen, the other person needn't be penalized if the age difference is five years or less, but perhaps there should be a penalty when the other person is more than five years older than the younger person. (I.e., it could be that consensual sex between a fourteen-year-old and a seventeen-year-old would not be criminalized, but consensual sex between a fourteen-year-old and a twenty-one-year-old would.)

===========

Update: I mentioned my thoughts to a friend of mine who is studying law, and he disagrees with me.

Also, the idea of setting the age of consent at twelve actually comes from British Common Law, under which it became a criminal act to "ravish" a girl under the age of twelve.

Hmmm. I still think that the case of a fifty-year-old male who has consensual sex with a thirteen-year-old (whether male or female) should automatically be considered a criminal act, even if the sex was consensual. And the fact is, the current laws do not seem to cover such a case. If they really do love each other, they can wait until the younger person is a little older.