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By South-East Asia correspondent Anne Barker
Posted Thu 8 Oct 2020 at 2:15pm Thursday 8 Oct 2020 at 2:15pm Thu 8 Oct 2020 at 2:15pm , updated Fri 9 Oct 2020 at 7:54pm Friday 9 Oct 2020 at 7:54pm Fri 9 Oct 2020 at 7:54pm
abc.net.au/news/philippines-seeks-to-raise-age-of-consent-from-12-to-16/12740514
Posted 8 Oct 2020 8 Oct 2020 Thu 8 Oct 2020 at 2:15pm , updated 9 Oct 2020 9 Oct 2020 Fri 9 Oct 2020 at 7:54pm
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In the Philippines, sex with a 12yo is considered legal if it's consensual. But new laws are set to change that
Rosario Baluyot took seven months to die.
The internal injuries she received from an alleged rape caused a severe infection in her cervix that eventually led to her death in a Philippines hospital.
Her gravestone at Olongapo, north-west of Manila, states that Rosario was just 11 years old when she died in 1987.
But the lack of a birth certificate — or any proof of her age — was one factor that led the court to acquit the man originally charged and convicted of rape with homicide in a country where the age of consent for sex is 12.
Her case has since become the subject of a documentary novel, titled Rosario is Dead, and helped to pave the way for significant legal reforms in the Philippines, including legislation in 1992 to give stronger protection to children from sexual abuse or exploitation.
But those reforms did not include raising the age of consent, which has remained at 12 since it was enshrined in a penal code that was first enacted in the Philippines in 1930.
That could be set to change now, as draft legislation proposes raising the age of consent to 16.
Heinrich Stefan Ritter, an Austrian doctor, was initially convicted of Rosario's 'rape with homicide'. He was ordered to pay 'moral and exemplary damages' to her family, and immediately deported and banned from returning.
In his appeal, the defence counsel for Dr Ritter argued that Rosario was 13 — above the age of consent — and that as a child-prostitute who lived on the street, she had willingly submitted to his sexual advances in exchange for money.
In most countries, sexual relations with a 13-year-old would automatically amount to statutory rape.
But not in the Philippines, where an adult can legally have sexual relations with a child as young as 12 and argue that it was consensual.
It is the lowest age of consent in Asia, and the second-lowest in the world after Nigeria where it's 11 — though some African or Middle Eastern countries have no age of consent, but ban sex outside of marriage.
In the case of Rosario, the Philippines Supreme Court ultimately ruled that the onus fell on the prosecution to prove that she was under 12 at the time of the alleged rape.
And they found that ultimately it had failed to do so.
He was acquitted of rape and freed.
But now, 33 years after Rosario's death, Philippine politicians are finally preparing to pass new legislation to raise the age of consent from 12 to 16.
"This law reform is particularly urgent because the Philippines has such a high prevalence of violence against children," chief of child protection at the UN children's agency UNICEF Patrizia Benvenuti said.
"UNICEF and the child rights community have lobbied and campaigned actively for many years on this issue."
The proposed legislation — which is almost certain to pass after it goes before a bicameral sitting of Congress in November — will ensure any adult who has sexual relations with a child under 16 would automatically be guilty of rape.
They can no longer argue the child was a willing partner.
The legislation will also remove marriage as an exemption for those perpetrators who later marry their victims.
And it will include a 'sweetheart clause' that removes criminal liability for those who have sex with an underage child if their age difference is between two and four years.
Bernadette Madrid, director of the Philippines' Child Protection Unit, said the new law will inevitably help to lower the incidence of sexual abuse against children.
"They've done studies on the age of statutory rape and found that per age that you increase, you decrease the number of sexual abuse," she said.
"So there's a relationship between the higher age and the greater decrease in rape."
The statistics on child rape and sexual abuse in the Philippines are staggering.
On average, a woman or child is raped almost every hour, according to the Centre for Women's Resources. Around seven in 10 victims are children.
A national study on violence against children in 2015 revealed that most child rapes occur in the home and that the most common perpetrators are family members — including the father, brother and cousins.
"Economic status has something to do with it," Nenita Dalde from the Philippine Legislators' Committee on Population and Development Foundation said.
"Most adolescents belong to poor households or families and depend on these types of relationships to gain economic empowerment."
Many, if not most, rape victims are boys. The national study found one in five children, aged 13 to 17, had experienced sexual violence.
But the figures were higher for boys at 24.5 per cent than girls at 18.2 per cent.
Until now, children's rights groups say perpetrators of sexual assault against boys are given much lesser sentences than those found guilty of raping girls.
It is hoped the proposed laws will address this issue by giving equal protection to boys under the law.
The alarming incidence of child rape is also cited as one reason why the Philippines has the highest rate of teenage pregnancy in South-East Asia.
Of those pregnancies, Ms Dalde said many can be attributed to rape or sexual abuse, and most babies were fathered by much older men.
"Evidence points to adult males who prey on younger children, not just girls but boys," she said.
Importantly, she says raising the age of consent will remove the horrific onus on many child rape victims to testify in court that they did not consent to the sexual exchange.
And those under 12 years old will also no longer be required to testify that they were under the age of consent.
Instead, perpetrators who have sex with a child under 16 will automatically face accusations of rape and could face a maximum sentence of 40 years in jail if found guilty.
The move has been welcomed by children's rights organisations, who say the new laws, once enacted, will bring the Philippines into line with international standards.
"A 12-year-old is only in sixth grade and has barely gone through puberty," Ms Benvenuti said.
"There is ample evidence to prove that the rational part of a person's brain — the part that responds to situations with sound judgement — will not fully develop until age 25.
"So pegging 12 as the age of consent to sex is not consistent with any scientific studies of child and brain development."
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PHOTOS: Teen Moms In The Philippines — A "National Emergency" : Goats and Soda Over a 10-year period, 1.2 million Filipina girls between the ages of 10 and 19 have had a child. The government is trying to change things. But the pandemic has made matters worse.


Goats and Soda
STORIES OF LIFE IN A CHANGING WORLD


PHOTOS: Why The Philippines Has So Many Teen Moms





Sisters Rose Ann, age 15, (right) and Ros Jane, age 17, hold their babies in the neighborhood where they live in Manila.


The girls are very close and rely on each other for support, raising their children as if they're siblings. Ros Jane is protective of her younger sister and worries she is not mature enough to take on the responsibilities of parenthood.


Sisters and teen moms Rose Ann (center) and Ros Jane (left) are seen in the canteen where their mother works as a cook in Manila. Ros Jane had just asked her mother for money to buy medicine for her son.


Ros Jane and her son in the room she shares with her sister and her child. While their situation is bleak, the sisters support each other, creating an ad-hoc safety net to face the challenges of teen motherhood.


Rose Ann in her mother's home with her baby. She gave birth a few days after turning 15.


Rose Ann, who has a young son, hangs out outside her home.


Ros Jane walks with her child by the railway near her home in Manila. She became pregnant at age 16.



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Joan Garcia became pregnant at 14 and gave birth at 15. She and her child travel by raft between the two shacks where they live in Navotas fish port on Manila Bay.



Hannah Reyes Morales for NPR


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Joan Garcia became pregnant at 14 and gave birth at 15. She and her child travel by raft between the two shacks where they live in Navotas fish port on Manila Bay.
Editor's note: Hannah Reyes Morales has been photographing teen moms since 2017. Aurora Almendral began reporting this story in October 2019.
At 12 years old, Joan Garcia liked leaping into the sea and racing the boys to the nearest pylon. She liked playing tag. When she started having sex at 13, she thought it was just another game. Joan was skipping across the pavement, playing a game with friends, when an older neighbor noticed her rounding belly.
Her daughter, Angela, is now a year old. Joan crouched on the floor, folding up her lanky teenage limbs and fed Angela fingers-full of steamed rice, crimped strands of instant noodles and fermented anchovies from the family's small communal bowl.

Sisters Joan (center) and Jossa Garcia (left), both teen mothers, hang out in a boat with their children and their younger sister. Each year, 1.2 million Filipina girls between the ages of 10 and 19 have a child.



Hannah Reyes Morales for NPR


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Sisters Joan (center) and Jossa Garcia (left), both teen mothers, hang out in a boat with their children and their younger sister. Each year, 1.2 million Filipina girls between the ages of 10 and 19 have a child.
Joan, now 16 years old, said that since she became a mother, she's embarrassed to play kids' games, then paused for a moment. "Sometimes I still play tag in the water with my brothers," she admitted.
Over a 10-year period, 1.2 million Filipina girls between the ages of 10 and 19 have had a child. That's a rate of 24 babies per hour.
And the rate of teenage pregnancy is rising. According to the most recent data, collected every 10 years, in 2002, 6.3 percent of teenagers were pregnant; by 2013 it had gone up to 13.6 percent.
Last August, the Philippines' economic development agency declared the number of teenage pregnancies a "national social emergency."

Joan Garcia (right) and her baby take a boat ride home. Garcia says she's embarrassed to play kids' games now that she's a mother — but admits "sometimes I still play tag in the water with my brothers."



Hannah Reyes Morales for NPR


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The pandemic has made the situation worse. With Manila under a strict lockdown — including limited access to medical facilities, no public transportation and harshly enforced rules on not going out — access to birth control has been severely curtailed, particularly for teenagers, said Hope Basiao-Abella, adolescent reproductive health project coordinator for Likhaan, a nongovernmental organization that works on women's health and access to contraception.
The University of the Philippines Population Institute is predicting a baby boom in 2021 — an estimated 751,000 additional unplanned pregnancies because of the conditions created by the pandemic.
The main reasons for the high rate of teenage pregnancies are inadequate sex education (some girls do not know that having sex can result in pregnancy or fully consider the responsibility of having children) and a lack of access to birth control.
Contraceptive access has long been a complicated, divisive issue in the Philippines. Despite a constitutional separation of church and state, Catholic morals dominate Philippine law. For more than a decade, reproductive health activists and legislators fought a bitter battle with the Catholic Church and conservative politicians to pass a law that would allow the government to distribute contraceptives to those who could not afford them and require comprehensive sex education in public schools.

Outside the Quiapo Church in Manila, some vendors sell herbs, roots and bottled pills used to induce abortion — which is illegal in all circumstances in the majority-Catholic country.



Hannah Reyes Morales for NPR


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The Philippine Catholic church has long opposed birth control in the country where about 80% of people are Catholics. In the past, the Catholic Bishops Council of the Philippines preached — in public statements, on the pulpit and through allied lawmakers — against a bill to widen access to birth control on moral grounds, calling it "anti-life" and "a major attack on authentic human values and on Filipino cultural values."
The Philippines passed a reproductive health bill into law in 2012. But years of Supreme Court challenges and delays in implementation continue to this day. Among the concessions to conservatives was a provision requiring parental consent for minors to buy contraceptives or receive them for free.

The Jose Fabella Memorial Hospital serves low-income communities in Manila, where the rates of teen pregnancy are high. Locals call it the "baby factory" — and the maternity ward is typically very busy.



Hannah Reyes Morales for NPR


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The Jose Fabella Memorial Hospital serves low-income communities in Manila, where the rates of teen pregnancy are high. Locals call it the "baby factory" — and the maternity ward is typically very busy.
"It was one step back [for] adolescent health," said Dr. Juan Perez III , executive director for the Philippine Commission on Population and Development. The law improved access to birth control for women, but it became harder for teenagers to get birth control.
To address the resulting uptick in adolescent pregnancies, lawmakers have introduced bills improving access to contraception, supporting sex education and making it illegal to expel girls from school should they become pregnant. None have become law so far.
Perez said a teenage pregnancy has a significant impact on perpetuating poverty. "They cannot recover from being a child mother," he said.
That was the finding of a 2016 study by the United Nations Population Fund. By age 20, a teenage girl in the Philippines who gets pregnant and drops out of school earns 87 percent of the average 20-year-old woman's pay. Perez said the lower income continues further into adulthood.
Joan lives with 16 relatives on a small raft of bamboo poles and scavenged wood, tied to a broken cement pylon, bobbing behind a row of steel shipping vessels docked in Manila's fish port — a patchwork of spaces no larger than two king-size mattresses. Two of her sisters' babies and a kitten nap on a pile of rumpled sheets against a particle board barrier to keep them from falling into the murky, gray water.

Sisters Joan (left) and Jossa Garcia (right), both teen mothers, are seen in their home in the Navotas fish port with their children, Angela and JM, respectively.



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