Penalty for Attempted Rape of a Minor and Failure to Report Under Philippine Law

In the Philippines, crimes involving sexual offenses against minors are treated with the utmost seriousness. The legal framework governing these offenses is primarily found in the Revised Penal Code (RPC), as amended by Republic Act (R.A.) No. 8353 (the “Anti-Rape Law of 1997”) and further clarified/enhanced by other child-protection statutes such as R.A. No. 7610 (the “Special Protection of Children Against Abuse, Exploitation and Discrimination Act”) and R.A. No. 11648 (raising the age of sexual consent from 12 to 16). Below is an overview of the pertinent rules, definitions, and penalties involving (1) Attempted Rape of a Minor and (2) Failure to Report such an offense.

1. Legal Definitions and Scope

1.1. Definition of Rape and Statutory Rape

Under Article 266-A of the Revised Penal Code, as amended by R.A. No. 8353, rape can be committed in several ways, but the most pertinent for cases involving minors is statutory rape:

Statutory Rape: Having sexual intercourse with a minor who is under sixteen (16) years of age, regardless of whether there is force, threat, or intimidation. Consent is not a defense if the child is below sixteen.

1.2. Attempted Felony under the Revised Penal Code

A crime is attempted when the offender “commences the commission of a felony directly by overt acts, and does not perform all the acts of execution by reason of some cause or accident other than his own spontaneous desistance” (Article 6, Revised Penal Code).

In attempted rape, there must be a clear commencement of the act constituting rape—such as overt acts leading to sexual intercourse—but it does not reach the point of penetration or completion due to causes beyond the offender’s control (e.g., the offender is thwarted or physically stopped).

2. Penalty for Attempted Rape of a Minor

2.1. Consummated Rape vs. Attempted Rape

Under the Revised Penal Code, the penalty for consummated statutory rape (where the victim is below 16 years of age) is reclusión perpetua (i.e., imprisonment ranging from 20 years and 1 day up to 40 years, without eligibility for parole in certain cases, depending on prevailing rules).

When the felony is attempted, Article 51 of the RPC dictates that the penalty for an attempted felony is two (2) degrees lower than that prescribed for the consummated offense.

Consummated statutory rape: Penalized by reclusión perpetua (an indivisible penalty).
Frustrated statutory rape: One degree lower than reclusión perpetua, which is reclusión temporal (12 years and 1 day to 20 years).
Attempted statutory rape: Two degrees lower than reclusión perpetua, which typically corresponds to prisión mayor (6 years and 1 day to 12 years).

Although the generic rule places attempted statutory rape under prisión mayor, courts will also look into any aggravating or mitigating circumstances that might affect the length and exact period within the prisión mayor range (i.e., minimum, medium, or maximum periods).

Illustrative Range for Attempted Rape of a Minor:

Prisión Mayor (min. 6 years and 1 day to max. 12 years).

Exact period depends on judicial discretion, taking into account aggravating or mitigating factors.

2.2. Aggravating Circumstances

Several aggravating circumstances could elevate the penalty within the applicable range (e.g., the crime was committed by a person in a position of trust or authority such as a parent, teacher, or guardian). If any special aggravating circumstances under child-protection laws (e.g., R.A. No. 7610) are proven, the courts often impose the maximum period of the penalty.

3. Failure to Report Offenses Against Minors

Apart from penalizing the direct offenders in child sexual abuse cases, Philippine laws also impose duties to report suspected or actual child abuse, including any attempted sexual offense against a minor.

3.1. Mandatory Reporting Under R.A. No. 7610

Republic Act No. 7610, otherwise known as the “Special Protection of Children Against Abuse, Exploitation and Discrimination Act,” contains provisions that require certain individuals and institutions to report child abuse cases:

Who Must Report:
- Individuals in positions of responsibility over the child, such as parents, teachers, law enforcement officers, healthcare professionals, and social workers.
- Heads of offices, hospitals, clinics, day-care centers, or similar establishments that have knowledge or suspicion of child abuse cases.
Duty to Report:
- They must report incidents of child abuse (including sexual abuse, attempted sexual abuse, exploitation, or any act that compromises the child’s welfare) to the Department of Social Welfare and Development (DSWD) or to law enforcement agencies.
Penalty for Failure to Report:
- Failure or refusal to report such incidents may subject responsible persons to fines or imprisonment, or both, depending on the gravity and the specific provisions violated.
- While the exact penalty range can vary, commonly, violators face imprisonment of up to six (6) months and/or a fine ranging from a few thousand pesos up to higher amounts, as determined by the court.

3.2. Other Relevant Laws and Provisions

R.A. No. 9262 (Anti-Violence Against Women and Their Children Act) also requires certain officials and institutions to act on complaints or knowledge of abuse against women and children, though it focuses on domestic or intimate contexts.
Local ordinances and implementing rules may impose additional reporting obligations on community officials (e.g., barangay officials).

Practical Impact: Persons who suspect or know of attempted rape of a minor and fail to report it—especially mandated reporters—risk legal liability. Beyond criminal penalties, they also face administrative penalties (e.g., suspension or revocation of professional licenses) if they are healthcare workers, teachers, or social workers bound by professional ethics codes.

4. Key Points in Legal Proceedings

Age of the Victim:
- For statutory rape or attempted statutory rape, establishing that the victim is under 16 years of age is critical.
- The birth certificate or other official documentation typically proves the child’s minority.
Elements of Attempt:
- Prosecutors must show an overt act moving directly toward the commission of the crime but failing to complete it for reasons beyond the offender’s control.
Aggravating/Qualifying Circumstances:
- The offender’s relationship to the victim (e.g., ascendant, guardian, person in authority) can heighten penalties.
- Use of force, threat, or intimidation remains relevant in cases where the child is over 16 but below 18 (i.e., not purely statutory but still involving a minor).
- If the victim is below 16, the lack of consent is presumed by law; the act is automatically considered rape if consummated.
Protective Measures for Child Victims:
- Courts often employ special procedures such as in-camera testimonies and child-sensitive interview techniques to prevent further trauma.
- Protective custody or safe shelter is usually arranged by the DSWD or authorized NGOs during trial.
Reporting Flow and Investigation:
- Once a complaint or report is filed with the DSWD or the police, an investigation follows.
- Medical examination, psychological assessment, and interviews with the child-victim are conducted with utmost care, often involving specialized child-protection units.
Legal Assistance:
- Child victims are entitled to free legal representation from the Public Attorney’s Office (PAO) or other accredited child rights lawyers.
- NGOs and government agencies often coordinate to ensure that the child receives counseling, therapy, and other psychosocial support during and after the court proceedings.

5. Practical Tips and Recommendations

For Concerned Citizens:
- Immediately report any suspected or actual incident of attempted rape or sexual abuse of a minor to local authorities or the DSWD.
- Preserve any evidence (e.g., text messages, photos, notes, etc.) that might help in investigation.
For Professionals (Teachers, Healthcare Workers, Social Workers):
- Familiarize yourself with mandatory reporting protocols under R.A. No. 7610 and related laws.
- Document observations meticulously (dates, times, descriptions of injuries, statements from the child, etc.).
- Maintain confidentiality but do not let professional secrecy impede reporting obligations when the victim is a minor.
For Parents and Guardians:
- If a child discloses any incident of abuse or attempted abuse, seek immediate professional help—medical, psychosocial, and legal.
- Understand that non-reporting can expose you to legal liability if you are complicit or negligent.
For Law Enforcement:
- Adhere to child-sensitive investigative procedures.
- Coordinate promptly with family, social workers, and medical professionals for a holistic approach to protecting the victim.

6. Conclusion

Attempted Rape of a Minor is severely punished under Philippine law, with penalties falling typically under prisión mayor—a substantial imprisonment term—when the act does not reach consummation. The protective mantle around children is further bolstered by laws like R.A. No. 7610, which imposes mandatory reporting obligations on various persons and institutions. A failure to fulfill this duty can itself result in criminal penalties, fines, and administrative sanctions.

In essence, Philippine law underscores two critical principles:

Swift and severe punishment for would-be offenders.
Shared societal responsibility to protect minors from any form of sexual violence or exploitation, ensuring that those who know or suspect such abuse must report it promptly and appropriately.

Anyone with knowledge or suspicion of attempted rape of a minor should immediately contact local authorities, the Department of Social Welfare and Development, or recognized child-protection NGOs to ensure the safety and well-being of the child and to fulfill their legal obligation to report.