The Irrelevance of Consent in Statutory Rape Cases Involving Children Under 12

G.R. No. 116732, April 02, 1997

Imagine a scenario where a child, barely old enough to understand the world, becomes a victim of sexual abuse. The law recognizes the vulnerability of children and provides stringent protections, particularly in cases of statutory rape. This landmark case clarifies that when the victim is under 12 years old, their consent, or lack thereof, is entirely irrelevant. The focus shifts to the protection of the child and the prosecution of the offender.

Understanding Statutory Rape in Philippine Law

Statutory rape, as defined and penalized under Article 266-A of the Revised Penal Code, as amended, focuses on the age of the victim rather than the presence or absence of consent. The law recognizes that a child below a certain age lacks the maturity and understanding to give informed consent to sexual acts.

Article 266-A states, “Rape is committed – 1. By a man who shall have carnal knowledge of a woman under circumstances herein after provided, by means of force, threat, or intimidation; or 2. By a man who shall have carnal knowledge of a woman who is deprived of reason or otherwise unconscious; or 3. By a man who shall have carnal knowledge of a woman under twelve (12) years of age, even though such carnal knowledge be with her consent.”

This provision highlights that if a man engages in sexual intercourse with a girl under 12, it is considered rape regardless of whether she seemingly agreed to it. This is because the law presumes that a child of that age is incapable of giving valid consent.

For example, even if a 10-year-old girl appears to willingly participate in a sexual act, the perpetrator will still be charged with statutory rape because the law considers her incapable of consenting.

The Case of People vs. Henson: A Child’s Testimony and the Failure of Alibi

This case revolves around Rene C. Henson, who was accused of raping a six-year-old girl, BBB. The prosecution presented a compelling case, including the victim’s testimony and corroborating evidence from another child witness. The defense relied heavily on alibi, claiming Henson was attending a church meeting at the time of the incident.

The case unfolded as follows:

• The Accusation: AAA, the victim’s mother, filed a complaint accusing Henson of rape.
• The Trial: Henson pleaded not guilty, leading to a trial where the prosecution presented BBB’s testimony, detailing the assault.
• Corroborating Witness: CCC, Henson’s niece, testified that she witnessed the assault through a hole in the wall.
• Medical Evidence: A doctor testified to abrasions on the victim’s genitalia, consistent with attempted penetration.
• The Defense: Henson claimed he was at a church meeting during the time of the incident, presenting witnesses to support his alibi.

The Regional Trial Court found Henson guilty, stating, “WHEREFORE, the Court finding the accused GUILTY beyond reasonable doubt of committing the offense of statutory rape upon the person of the minor child under the circumstance prescribed in Article 335 No. 3 of the Revised Penal Code, hereby sentences said accused to suffer the penalty of RECLUSION PERPETUA.”

On appeal, the Supreme Court upheld the conviction, emphasizing the strength of the prosecution’s evidence and the weakness of the alibi. The Court noted, “For the defense of alibi to prosper, the accused should prove not only that he was at some other place when the crime was committed but that it would have been likewise physically impossible for him to be at the locus criminis at the time of its commission.”

Furthermore, the Court highlighted the importance of the victim’s testimony: “The identity of accused-appellant as the perpetrator of the crime of rape has been so established by the clear, convincing and straightforward testimony of BBB.”

Practical Implications and Key Lessons

This case reinforces the legal principle that the age of the victim is paramount in statutory rape cases. It also underscores the importance of credible testimony from child witnesses and the challenges of relying on alibi as a defense.

Key Lessons:

• Age Matters: In cases involving children under 12, the issue of consent is irrelevant.
• Credible Testimony: The testimony of the victim and corroborating witnesses can be powerful evidence.
• Alibi Limitations: Alibi is a weak defense, especially when the accused was near the crime scene.

Frequently Asked Questions

Q: What is the legal definition of statutory rape in the Philippines?

A: Statutory rape occurs when a man has carnal knowledge of a woman under 12 years of age, regardless of consent.

Q: Why is consent irrelevant in statutory rape cases involving young children?

A: The law presumes that children under 12 lack the maturity and understanding to give informed consent to sexual acts.

Q: What is the penalty for statutory rape in the Philippines?

A: The penalty is reclusion perpetua, which is life imprisonment.

Q: How does the court assess the credibility of a child witness?

A: The court considers the child’s demeanor, consistency of testimony, and ability to understand and answer questions.

Q: What are the challenges of using alibi as a defense in a criminal case?

A: Alibi requires proving that it was physically impossible for the accused to be at the crime scene at the time of the offense.

Q: What type of evidence is considered corroborating evidence in a rape case?

A: Corroborating evidence can include medical reports, witness testimonies, and any other evidence that supports the victim’s account.

Q: What should I do if I suspect a child is a victim of statutory rape?

A: Report your suspicions to the authorities immediately, such as the police or social welfare agencies.

Q: What support services are available for child victims of sexual abuse in the Philippines?

A: Various NGOs and government agencies offer counseling, medical care, and legal assistance to child victims of sexual abuse.

ASG Law specializes in criminal law and the protection of children’s rights. Contact us or email hello@asglawpartners.com to schedule a consultation.