With a promise of reward, Robert asked Romy to bring him a young girl that he (Robert) can have carnal knowledge with. Romy agreed, seized an eight-year old girl and brought her to Robert. After receiving his reward, Romy left while Robert proceeded to have carnal knowledge with the girl.
(a) For what felony may Robert and Romy be charged? (2.5%)
(b) Will your answer in (a) be the same if the victim is a 15-year old lass who was enticed, through cunning and deceit of Romy, to voluntarily go to the house of Robert where the latter subsequently had carnal knowledge with her? (2.5%)
Suggested answer only. Not an official answer and not legal advice.
(a) Robert is liable for Statutory Rape while Romy is liable for Child Prostitution; (b) yes, both remain liable under RA 7610.
Under Section 5(b) of RA 7610 in relation to Article 266-A of the RPC, sexual intercourse with a child under 12 constitutes Statutory Rape. Under Section 5(a) of RA 7610, acting as a procurer of a child prostitute is punishable. RA 7610 covers sexual abuse against children below 18 years of age.
Here, for the 8-year-old victim, Robert's sexual act constitutes Statutory Rape, while Romy's procurement for reward constitutes child prostitution. For the 15-year-old victim, both Robert and Romy remain liable under RA 7610 as a minor's consent is legally ineffective.
Consequently, Robert and Romy are criminally liable in both cases under Article 266-A of the RPC and RA 7610.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
What felony is committed by having carnal knowledge of an eight-year-old child under Article 266-A of the RPC?
Carnal knowledge of a child under the statutory age of consent constitutes Statutory Rape under Article 266-A of the RPC.
What crime is committed under Section 5(a) of RA 7610 by a person who procures a child for sexual acts in exchange for reward?
Procuring a child for sexual exploitation in exchange for money or reward constitutes Child Prostitution under RA 7610.
Does a fifteen-year-old minor's apparent consent to sexual intercourse negate liability under RA 7610?
A minor's consent to sexual exploitation or abuse is legally void and does not negate liability under RA 7610.
Under RA 7610, what is the age threshold for a person to be classified and protected as a child?
Under RA 7610, a child is defined as any person below eighteen years of age or unable to protect themselves.
How does enticing a fifteen-year-old through deceit to go to an offender's house for sexual acts affect criminal liability?
Enticing a minor through deceit for sexual acts leaves both the procurer and offender criminally liable under RA 7610.
Learn more about these topics
1. Statutory Rape Provisions
Under Article 266-A of the Revised Penal Code, as amended by Republic Act No. 11648, rape is committed by having carnal knowledge of a person under the age of statutory rape, or through force, threat, or intimidation. When the victim is under twelve years of age, or under the statutory age of consent, the law conclusively presumes lack of consent due to the victim's tender age and legal incapacity to give valid sexual consent.
2. Child Prostitution Offenses
Under Section 5(a) of Republic Act No. 7610, otherwise known as the Special Protection of Children Against Abuse, Exploitation and Discrimination Act, child prostitution is committed by any person who engages in, hires, employs, uses, persuades, induces, or procures a child for sexual intercourse or lascivious conduct. Acting as a procurer or broker who delivers a child to another for sexual exploitation in exchange for a fee or reward constitutes the crime of child prostitution.
3. Inefficacy of Consent
Under Republic Act No. 7610, the consent of a child under eighteen years of age to sexual exploitation, prostitution, or abuse is completely void and legally ineffective. Even if a fifteen-year-old minor is enticed through deceit, cunning, or persuasion to voluntarily submit to sexual acts, the statutory protection remains absolute. The offender cannot invoke the minor's apparent voluntary agreement as a defense to escape criminal prosecution.