In the Philippine legal system, cases involving attempted rape where a minor is the victim intersect two primary sets of laws: the Revised Penal Code (RPC), as amended by Republic Act No. 8353 (The Anti-Rape Law of 1997), and Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act). When the perpetrator is also a minor, the Juvenile Justice and Welfare Act (Republic Act No. 9344) significantly alters the procedural and substantive approach to the case.
1. Defining Attempted Rape
Under Article 6 of the RPC, a felony is attempted when the offender begins the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance.
In the context of rape:
- Overt Acts: The offender must have commenced the sexual assault (e.g., using force, threat, or intimidation to position the victim) with the clear intent to have carnal knowledge.
- Non-Completion: The act was not consummated (no penetration occurred) due to external factors, such as the victim fighting back or the arrival of third parties.
Statutory Rape Consideration
If the victim is under 16 years of age, the law considers the element of "force or intimidation" irrelevant. Under Republic Act No. 11648 (enacted in 2022), the age of sexual consent was raised from 12 to 16. Any attempted sexual intercourse with a person under 16 is prosecuted as attempted statutory rape, as the minor is legally incapable of giving valid consent.
2. Criminal Procedure: Filing the Charges
The process for filing charges involving a minor victim is designed to be child-friendly to prevent re-traumatization.
Investigation and Complaint
- Police Report: The case usually begins at the Women and Children Protection Desk (WCPD) of the Philippine National Police (PNP).
- Affidavit-Complaint: The victim, assisted by a parent, guardian, or the Department of Social Welfare and Development (DSWD), executes a sworn statement detailing the incident.
- Medical Examination: A medico-legal examination is crucial. While attempted rape may not show signs of penetration, physical injuries, DNA from struggle, or psychological evaluations serve as vital evidence.
Inquest or Preliminary Investigation
The complaint is forwarded to the Office of the City or Provincial Prosecutor.
- Preliminary Investigation: The prosecutor determines if there is probable cause to believe the crime was committed and the respondent is guilty.
- Filing of Information: If probable cause exists, a formal "Information" (the criminal charge) is filed in the Family Court.
3. The Juvenile Justice and Welfare Act (RA 9344)
When the accused/perpetrator is a minor (a Child in Conflict with the Law or CICL), the proceedings shift from purely punitive to restorative.
Minimum Age of Criminal Responsibility (MACR)
- 15 Years Old and Below: The minor is exempt from criminal liability. They are released to the custody of their parents or a community-based intervention program.
- Above 15 but Below 18: The minor is exempt from criminal liability unless they acted with discernment.
- Discernment is the capacity to distinguish right from wrong and understand the consequences of one's actions.
- If discernment is proven, the case proceeds, but the minor is entitled to a privileged mitigating circumstance (reduction of penalty).
Diversion and Intervention
For grave crimes like attempted rape, "Diversion" (alternative dispute resolution outside of court) is generally not applicable if the penalty exceeds six years of imprisonment. However, the CICL is never detained in a regular jail with adults; they are placed in a "Bahay Pag-asa" or a youth detention home.
4. Penalties and Aggravating Circumstances
The penalty for attempted rape is generally Prision Mayor (6 years and 1 day to 12 years). However, several factors can affect sentencing:
| Circumstance | Legal Impact |
|---|---|
| Victim is a Minor | Qualifies the crime under RA 7610, often leading to higher indemnity and stricter parole conditions. |
| Relationship | If the offender is a parent, stepparent, or guardian, it is an aggravating circumstance. |
| Minor Perpetrator | If the accused is a CICL, the penalty is automatically reduced by one degree. |
Civil Liability
In addition to imprisonment, the court typically awards:
- Civil Indemnity: Compensatory damages for the act.
- Moral Damages: For the emotional and psychological suffering of the minor.
- Exemplary Damages: To set a public example against such behavior.
5. Rights of the Child Victim
The Philippine Constitution and the Rule on Examination of a Child Witness provide specific protections:
- Closed-Door Sessions: To protect the minor's privacy.
- Live-Link TV: Allowing the child to testify from a separate room to avoid seeing the perpetrator.
- Support Person: A psychologist or social worker may sit with the child during testimony.
- Confidentiality: The records of the case, including the names of the parties, are strictly confidential and prohibited from public disclosure.