What are the legal consequences if both parties involved in a sexual relationship are underage?
In the Philippines, sexual activities involving minors are governed by the "Special Protection of Children Against Abuse, Exploitation, and Discrimination Act" (Republic Act No. 7610) and the "Anti-Child Abuse Law" (Republic Act No. 9262). These laws aim to protect minors from sexual exploitation, abuse, and harm, even when both parties are minors.
Age of Sexual Consent
As of August 2022, the Philippines raised the age of sexual consent from 12 to 16 years old under Republic Act No. 11648. This law establishes that individuals under the age of 16 cannot legally consent to sexual activity, except in specific situations involving individuals close in age, such as those in consensual relationships where both parties are minors and the age difference between them is not more than four years.
Penal Implications for Minors
If both individuals involved in a sexual relationship are under the age of 16, they are considered incapable of giving legal consent. The law primarily seeks to protect minors rather than penalize them. While criminal liability typically falls on the adult involved in the act, the matter becomes more complex when both parties are minors.
Under the Juvenile Justice and Welfare Act (Republic Act No. 9344), children under the age of 15 are exempt from criminal liability but may be subjected to intervention programs. Those between the ages of 15 and 18 are also exempt unless they acted with discernment. Therefore, in cases where both parties are minors, authorities focus on rehabilitation and intervention rather than punishment.
Close-in-Age Exemptions
A notable provision in Republic Act No. 11648 is the close-in-age exemption or "Romeo and Juliet" clause. This applies when both parties are in a consensual, non-exploitative relationship and the age difference is not more than four years. In such cases, the act is not considered statutory rape, though this does not mean all sexual relationships involving minors are free of scrutiny.
Parental and Social Implications
While the law protects minors from criminal liability, parents or guardians of minors involved in such activities may face legal repercussions, including neglect or child abuse charges if they are found to have failed in supervising the minors adequately.
Additionally, the law mandates that schools, community leaders, and local government units work together to provide proper education and counseling to prevent minors from engaging in premature sexual activities.
Conclusion
When both parties involved in a sexual relationship are minors, Philippine laws prioritize their protection over punishment. The focus remains on rehabilitation, intervention, and providing the minors with the necessary guidance to understand the legal and moral implications of their actions. However, it is crucial to note that consent laws are firm in cases where there is an adult involved or where there is exploitation or abuse.