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hope you can help me with this

2 posters

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1hope you can help me with this Empty hope you can help me with this Fri Aug 27, 2010 1:37 pm

bhebheeds


Arresto Menor

what is the age of consent in the phils... for statutory rape.. thx

2hope you can help me with this Empty Re: hope you can help me with this Fri Aug 27, 2010 1:59 pm

zulfikarl


lawyer

Statutory rape is committed when a man have sex with a woman below twelve years old. The gravamen of the offense is the sexual act itself. Consent is not a defense nor threat and intimidation an element of the offense.

3hope you can help me with this Empty Re: hope you can help me with this Fri Aug 27, 2010 2:02 pm

bhebheeds


Arresto Menor

hey zulfikar,, would the same law be applied if the older one is a woman. your a great help

4hope you can help me with this Empty Re: hope you can help me with this Fri Aug 27, 2010 2:24 pm

zulfikarl


lawyer

Art. 335. When and how rape is committed. — Rape is committed by having carnal knowledge of a woman under any of the following circumstances:
1. By using force or intimidation;
2. When the woman is deprived of reason or otherwise unconscious; and
3. When the woman is under twelve years of age, even though neither of the circumstances mentioned in the two next preceding paragraphs shall be present.

Number (3) is Statutory rape. From the wording of the proviso, it can readily be inferred that Statutory rape can only be committed against a woman who is under twelve years old. If the woman is between 12 and 17 y.o., it falls under Seduction.

I suggest you go to the Prosecutor's office for them to file the appropriate charge in court.

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