What is 'qualified rape of minor'? SC amends guidelines on proper use of rape terms
Warning: This article contains mentions of rape
The Supreme Court has updated its rules on the proper use of the terms "qualified rape" and "statutory rape," aiming to eliminate past confusion and increase the minimum compensation for victims.
In a statement, the high court ruled that if a crime has elements of both qualified rape and statutory rape, the correct legal designation is "qualified rape of a minor."
Under the Revised Penal Code (RPC), "statutory rape" is committed when a man has sexual intercourse with a girl below 12 years of age, even without force, threat, or intimidation. It also applies to women whose intellectual age is below 12 years old. In 2022, the age of sexual consent was raised to 16 years old.
"Qualified rape," on the other hand, is sexual intercourse committed against a person's will under specific circumstances. These include abuse of authority, moral ascendancy, relationship, or the victim’s vulnerability. Any of the 10 special qualifying aggravating circumstances mentioned in Article 266-B of the RPC must be present.
However, the victim must not be below the statutory age or be suffering from mental disability comparable to the intellectual capacity of a child below the statutory age.
With this, the SC stated that crimes will be regarded as "qualified rape of a minor" and not "qualified statutory rape" if any of the 10 special qualifying aggravating circumstances in Article 266-B of the RPC are present.
The victim must also be below the statutory age or be suffering from mental retardation comparable to the intellectual capacity of a child below the statutory age.
Increase in minimum damage amounts
The Court also increased the minimum damages that must be paid to victims.
The fees for qualified rape of a minor can reach P150,000 each for civil indemnity, moral, and exemplary damages.
For qualified rape and statutory rape, the damages amount to P100,000 and P75,000, respectively.
These may still increase if the accused's actions show a higher degree of moral depravity or malicious intent.
These changes were prompted by a specific case that highlighted inconsistencies in previous rulings.
A man who raped his eight-year-old daughter was originally convicted by the Regional Trial Court of qualified rape based on the victim’s minority and their relationship. The Court of Appeals upheld the conviction but changed the designation of the crime to qualified statutory rape.
The SC later corrected this, ruling that the proper term is qualified rape of a minor, resolving inconsistencies in previous jurisprudence.
They clarified that this designation now applies when any of the 10 special qualifying aggravating circumstances listed under Article 266-B of the RPC are present.
Previously, the guidelines only included three: minority and relationship, the victim’s age is below seven years old, and knowledge of the victim’s mental disability.