They can no longer argue the child was a willing partner. 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.
The Philippines currently has the lowest age of consent in Asia, and second lowest in the world after Nigeria. "UNICEF and the child rights community have lobbied and campaigned actively for many years on this issue."
"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. Raising the age of consent from 12 to 16īut 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. 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.Īnd they found that ultimately it had failed to do so. 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 most countries, sexual relations with a 13-year-old would automatically amount to statutory rape.īut 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. 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. Once the new law is passed in the Philippines, targeting children and young adolescents will be statutory rape. He was ordered to pay 'moral and exemplary damages' to her family, and immediately deported and banned from returning. Heinrich Stefan Ritter, an Austrian doctor, was initially convicted of Rosario's 'rape with homicide'. Currently, onus on prosecution to prove child was under 12 That could be set to change now, as draft legislation proposes raising the age of consent to 16.
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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.īut 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. Her gravestone at Olongapo, north-west of Manila, states that Rosario was just 11 years old when she died in 1987.īut 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. 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.
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