6 days ago
SC issues amended guidelines on child rape cases
The Supreme Court (SC) on Wednesday announced that it has expanded the scope of the term 'qualified rape of a minor' and increased the minimum damages awarded to victims.
According to the SC, 'qualified rape of a minor' should be used when the elements of both statutory rape and qualified rape are present.
'The crime shall be denominated as qualified rape of a minor and not qualified statutory rape if any of the special qualifying aggravating circumstances in Article 266-B of the RPC is present and when the victim is below the statutory age or is suffering from mental retardation comparable to the intellectual capacity of a child below the statutory age,' it said.
Previously, only the victim's minority and relationship, age of below seven, and knowledge of the victim's mental disability were included.
Meanwhile, the SC also increased the minimum amount of damages that may be awarded.
It said P150,000 each for civil indemnity, moral damages, and exemplary damages in qualified rape of a minor, P100,000 each in qualified rape, and P75,000 each in statutory rape.
'These amounts may be increased if the accused showed cruelty in committing the crime,' the SC said.
Under the RPC, the SC said that statutory rape is committed when a man has sexual intercourse with a girl below 12 years of age, even without force, threat, or intimidation. This also applies to sexual intercourse with a woman whose intellectual age is below 12.
However, it said that Republic Act 11648 raised the threshold to 16 years old.
Meanwhile, the SC said that qualified rape applies to sexual intercourse with a woman against her will committed under abuse of authority, moral ascendancy, relationship, or the victim's vulnerability.
'The term qualified rape applies when any of the special qualifying aggravating circumstances is present, but the victim is neither below the statutory age nor suffering from mental retardation,' the SC said.
'On the other hand, the term statutory rape applies when no special qualifying aggravating circumstance is present, but the victim is below the statutory age or is suffering from mental retardation,' it added.
The SC issued the guidelines as it denied the motion for reconsideration filed by a man convicted of raping his eight-year-old daughter. —VAL, GMA Integrated News
