Tell it to SunStar: More than 11,000 rape incidents in 2023 but no case filed

A total of 11,479 incidents of rape of girls under 16 years of age were reported by the Philippine Statistics Authority (PSA) in 2023, yet not a single case under Republic Act (RA) 11648 was filed that year.

RA 11648 provides stronger protection against rape and sexual exploitation and abuse, increasing the age for determining the commission of statutory rape from 12 to 16.

According to the government’s 2023 Responsible Parenthood and Reproductive Health (RPRH) Law annual report, from January 2023 up to the present, every adolescent pregnancy of girls 16 years and under has behind it at least one incident of rape.

Further, the PSA also reported that 99.3 percent of the nine-to-14 age group that got pregnant indicated the father as 15 years or older or not reported at all.

This information is lodged with the civil registrars of all local governments in the country, yet it was not flagged as a potential criminal incident that should have been investigated by police and prosecuted if indeed covered by the law.

The government must act now on increasing statutory rapes of children nine to 16 years old.

The 2023 data indicate an almost eight percent rise in under-16 adolescent pregnancy compared to 2022. This is not unexpected since government agencies have been warning of this for years.

The law calls on public and private schools to set up systems to detect and prevent these incidents, as well as the Department of Education (DepEd) to include in the basic education curriculum and teach age-appropriate subjects concerning the rights and protection of the children. Yet where is the action?

The uninvestigated incidents of statutory rape are five times greater than the 2,634 cases of rape filed in 2023 under RA 8353 (Anti-Rape Law of 1997).

On March 4, 2022, former President Duterte signed RA 11648, increasing the age of statutory rape from 12 to 16. On March 25, 2024, the Supreme Court issued guidelines on statutory rape with RA 11648, in consideration:

“The term ‘statutory age’ in these guidelines shall mean either ‘below 12 years old’ or ‘under 16 years old’ depending on whether the crime of rape was committed before or after the effectivity of RA 11648, respectively.

“In statutory rape, proof of force, intimidation, or consent is unnecessary. The absence of free consent is conclusively presumed when the victim is below the threshold age, as the victim is presumed to be without discernment and incapable of giving intelligent consent to the sexual act.

“The sexual intercourse with a mental retardate whose intellectual age is below 12 years old also constitutes statutory rape under Article 266-A 1(d) of the RPC (Revised Penal Code). The prescribed penalty for statutory rape is reclusion perpetua.”

On March 15, 2022, the DepEd disseminated the law throughout the agency without comment. In 2024, the Philippine Commission on Women celebrated the second anniversary of the law. Yet no other agency guidelines could be found on agency websites.

Statutory rape, when proven, means a life sentence. Despite the clear evidence in administrative documents such as birth certificates or health records, agencies except for the Supreme Court have failed to issue any guidelines on how they will enforce the law. This is a clear instance of government neglect, which continues to harm our children.

Senators who supported RA 11648 should ask DepEd on their action to enforce the law, as well as the Department of Justice to investigate and prosecute offenders who may be clearly identified in birth certificates and other documents and to investigate if there is no perpetrator indicated.

The increase in potentially criminal acts involving at least 11,000 children from 2023 requires a comprehensive approach that should include Comprehensive Sexuality Education beginning at 8 years old and the provision of health, social and mental health services when necessary. The chilling effect of enforcement of the statutory rape law is an essential first step. Original post: https://www.sunstar.com.ph/cebu/tell-it-to-sunstar-more-than-11000-rape-incidents-in-2023-but-no-case-filed