Minor’s Right to Withdraw a Rape Complaint Against a Parent in the Philippines
(For educational and informational purposes; not legal advice.)

1. Overview of Rape as a Public Offense in Philippine Law

1.1. From a Private Crime to a Public Crime

Historically, under older Philippine law (specifically under the Revised Penal Code prior to its amendments), rape was considered a “private crime.” In private crimes, the filing of charges generally depended on the willingness or complaint of the victim or certain persons related to the victim. However, Republic Act (R.A.) No. 8353, also known as the Anti-Rape Law of 1997, reclassified rape as a public crime.

Because it is now treated as a public crime, the State has a stronger interest in prosecuting the offense once it has come to the attention of law enforcement or the prosecutor’s office, regardless of the victim’s subsequent unwillingness to proceed.
This shift intends to deter sexual crimes and uphold public justice, recognizing that rape is not merely a private matter but an offense against society.

1.2. Effects of Public Crime Classification

In a public crime, a criminal action for rape can proceed even if the complainant (or her family) expresses a desire not to pursue charges, provided there is independent evidence to support the prosecution.
The prosecutor can still move forward motu proprio (on their own initiative) if the evidence on record establishes probable cause, despite the alleged victim’s withdrawal.
However, the complainant’s testimony remains critical, so if a minor victim recants or refuses to testify, it may affect the strength of the case.

2. Legal Framework and Special Protections for Minors

2.1. R.A. 8353 (Anti-Rape Law)

Redefines rape and categorizes it as a crime against persons rather than a crime against chastity.
Explicitly states that when the offense is committed against a minor, especially by a parent or ascendant, heavier penalties typically apply due to the aggravated nature of the act.

2.2. R.A. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act)

Provides that children (persons below 18 years old) are entitled to special protections from abuse, neglect, and exploitation.
Physical, psychological, and sexual abuse — especially committed by a parent or guardian — is more severely punished.

2.3. Rules on Examination of a Child Witness

The Rule on Examination of a Child Witness (A.M. No. 004-07-SC) sets procedural guidelines to protect child victims/witnesses during legal proceedings.
Courts use child-sensitive procedures (such as closed-circuit testimony) to minimize trauma and encourage truth-telling.

2.4. Family Code and Parental Authority

In principle, parents or legal guardians exercise parental authority over minors. However, if the accused is the parent, the parent’s authority over the child can be superseded by the State’s parens patriae duty (i.e., the duty of the State to protect the best interests of the child).
The Department of Social Welfare and Development (DSWD) or another qualified guardian ad litem may step in to protect the minor’s interests during the proceedings if the natural parent is the alleged perpetrator.

3. The Minor’s Ability (or Inability) to Withdraw a Rape Complaint

3.1. Criminal Cases vs. Civil Cases

In Philippine criminal law:

Criminal liability is generally not subject to compromise. The State prosecutes crimes to protect society’s interests.
Civil liability (i.e., damages the accused may owe the victim) can be subject to compromise, but usually under strict court supervision.

3.2. The Role of the Prosecutor

Even when a complainant files an affidavit of desistance or attempts to withdraw the complaint, the prosecutor (fiscal) has the discretion to:

Evaluate the evidence: If there is sufficient evidence or probable cause to believe that a crime has been committed, the prosecutor can file the Information in court, or continue the case, despite the victim’s withdrawal.
Assess voluntariness of withdrawal: In cases involving minors, the prosecutor or the court may be especially cautious, given the possibility of pressure or threats from the accused (particularly if the accused is a parent or close family member).

3.3. Affidavit of Desistance and Its Limitations

An affidavit of desistance is a statement by the complainant (or the complainant’s representative, if the victim is a minor) expressing a desire to withdraw the complaint.
Courts generally view these affidavits with suspicion, especially when they appear to be coerced, offered in exchange for money, or driven by familial pressure.
Even if the minor wants to withdraw, the case does not automatically terminate. The prosecutor and the court will determine whether the State’s interest in prosecuting the crime remains strong.

3.4. Judicial Discretion

Ultimately, the court has the discretion to allow or disallow the withdrawal of the complaint if a formal case has been filed. The judge will consider:

The minor’s best interests.
The sufficiency of existing evidence.
Possible coercion, intimidation, or undue influence exerted on the child.

4. Potential Reasons and Realities Behind Withdrawal

4.1. Familial Pressure

A minor may seek to withdraw the rape complaint against a parent due to:

Fear of retaliation or psychological pressure.
Financial dependence on the parent.
Pressure from other family members to maintain “family integrity.”

4.2. Emotional and Psychological Trauma

Testifying about sexual abuse can be extremely traumatic. A child victim might feel overwhelmed and desire to end the process quickly.

4.3. Cultural or Social Stigma

Social or cultural factors — such as family reputation or community gossip — can motivate some victims (and their relatives) to recant or withdraw complaints.

5. Protections in Place for Minor Victims

5.1. Support from Government Agencies

DSWD: Can intervene to provide shelter, psychological support, and act as guardian or representative in legal proceedings when the minor’s own parent is the accused.
Public Attorney’s Office (PAO) or Private Counsel: Ensures legal representation for victims if they lack resources.

5.2. Court-Appointed Guardian ad Litem

If the accused is the parent, courts can appoint a guardian ad litem to represent the child’s best interests in court.

5.3. Protective Custody and Restraining Orders

Courts can order protective custody for the minor.
Protective orders (e.g., under the Anti-VAWC Act, R.A. 9262) or other restraining measures may be issued to prohibit the accused parent from contacting or threatening the minor.

5.4. Child-Friendly Court Proceedings

In-camera testimony or video-conferencing may be allowed to reduce the emotional stress on the child victim.
Judges often implement child-sensitive procedures, ensuring that examination and cross-examination are done in a manner that protects the victim’s psychological well-being.

6. Practical Considerations and Steps

Filing the Complaint
- Usually done through the assistance of a non-offending parent, guardian, or social worker.
- For minors without supportive relatives, the DSWD can step in.
Preliminary Investigation
- The prosecutor determines if there is probable cause.
- The minor or the minor’s guardian might submit medical or psychological evidence, statements, or other relevant documents.
Filing of Information (Criminal Charge) in Court
- Once probable cause is found, an Information (formal charge) is filed.
- Even if the minor expresses a wish to withdraw, the prosecutor may still push through if the evidence is strong.
Withdrawal Attempt
- Typically done through an affidavit of desistance or a motion to dismiss from the private complainant’s side.
- The prosecutor and ultimately the court scrutinize the authenticity and voluntariness of such withdrawal.
Continuation or Dismissal
- The court evaluates whether the withdrawal is based on sufficient grounds or is coerced.
- If the State’s evidence (including forensic, medical, or testimonial evidence) remains robust, the court can deny the withdrawal and proceed with trial.

7. Key Points to Remember

Rape, Especially Against a Minor, Is a Serious Offense
- Prosecutors and courts are mandated to protect children’s rights and secure justice for child victims.
State Has the Power to Proceed
- Because rape is a public crime, withdrawal by the victim does not automatically stop the criminal case.
Special Safeguards for Minors
- Legal procedures are structured to protect children, especially when the accused is a parent or other person exercising authority over the child.
Affidavits of Desistance Are Not Conclusive
- Courts and prosecutors examine them closely for signs of duress or pressure.
Child’s Best Interest Is Paramount
- The child’s welfare supersedes parental authority when the parent is alleged to have committed abuse.

8. Conclusion

In the Philippines, a minor cannot unilaterally withdraw a rape complaint against a parent if the State finds sufficient grounds to continue the prosecution. Although the minor, or a representative, may execute an affidavit of desistance or express a desire to stop the case, rape is considered a public crime under Philippine law. The public prosecutor and ultimately the court have the power — and in many instances, the duty — to proceed if doing so serves the interests of justice and the welfare of the child.

Given the sensitive nature of rape cases involving minors and the high risk of coercion or intimidation, the Philippine legal system provides special protections and procedural safeguards. These protect the minor’s welfare, ensure a fair trial, and underscore the principle that sexual crimes, particularly those committed against children, are grave offenses that concern not just the individual victim but society as a whole.

Disclaimer: This discussion is intended for general informational purposes only and does not substitute for professional legal advice. If you or someone you know is facing a similar situation, it is highly recommended to consult with a qualified lawyer or seek assistance from the Public Attorney’s Office (PAO) or other legal aid organizations in the Philippines.