Consent in sexual abuse

Consent in sexual abuse "My cousin is being accused of sexual abuse because he impregnated his 13-year- old girlfriend. The parents of the girl are claiming she is a minor, thus, she cannot give a valid consent to a sexual conduct until she becomes 18 years old. Please enlighten us on the matter.AubreyDear Aubrey,Sexual abuse is an offense punishable Under Section 5 (b), Article III of Republic Act (RA) 7610, otherwise known as ""Special Protection of Children Against Abuse, Exploitation and Discrimination Act."" The said provision of law states that:""Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse. X x x.(a) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse Provided, that when the victims are under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: x x x."" The parents of the girl are partially correct in their statement. Consent is immaterial if the victim is under 12 years of age as this is statutory rape. However, consent may be relevant if the girl is more than 12 years of age but under 18 years. This was explained in the case of Bangayan vs. People of the Philippines (G.R. No. 235610, September 16, 2020), where the Supreme Court through Honorable Associate Justice Rosmari D. Carandang stated:""However, considering the definition under Section 3(a) of RA No. 7610 of the term ""children"" which refers to persons below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition, we find the opinion in Malto, that a child is presumed by law to be incapable of giving rational consent, unduly extends the concept of statutory rape or acts of lasciviousness to those victims who are within the range of 12 to 17 years old, and even those 18 years old and above under special circumstances who are still considered as ""children"" under Section 3(a) of RA No. 7610. While Malto is correct that consent is immaterial in cases under RA No. 7610 where the offended party is below 12 years of age, we clarify consent of the child is material and may even be a defense in criminal cases involving violation of Section 5, Article 3 of RA No. 7610 when the offended party is 12 years old or below 18, or above 18 under special circumstances. Such consent may be implied from the failure to prove the said victim engaged in sexual intercourse either ""due to money, profit or any other consideration or due to the coercion or influence of any adult, syndicate or group."" Applying the above-quoted decision in your situation, the concept of consent in civil law cannot be equated to sexual consent as covered by the Revised Penal Code, and sexual abuse under RA 7610. Consent may be considered as a defense where the offended party is aged 12 years old or below 18, and the offense is a violation of Section 5 (b) of RA 7610. The same may be implied in the failure to prove the victim engaged in sexual intercourse either due to money, profit or any other consideration or due to coercion or influence of any adult, syndicate or group.We hope we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated. Editor's note: Dear PAO is a daily column of the Public Attorney's Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net" - https://www.affordablecebu.com/