Statutory rape is committed by sexual intercourse with a woman below 12 years of age regardless of her consent, or the lack of it, to the sexual act.
Proof of force, intimidation or consent is unnecessary as they are not elements of statutory rape, considering that the absence of free consent is conclusively presumed when the victim is below the age of 12.
Moreover, under Article 266-B of the RPC, there is qualified rape when the victim is below 18 years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim.
The elements of the offense of statutory rape are[i]:
Sexual intercourse,
with a child under the age of consent.
In a case decided by the Supreme Court of the Philippines, the Court found that fear of bodily harm and fear for the safety of her family prevented the therein complainant from shouting for help, caused her to spread her legs upon the order of her rapist, and compelled her to follow him to the place where the second charge of rape occurred.
It thus held that physical resistance need not be established in rape when threats and intimidation is employed and the victim submits herself to the embrace of her rapist because of fear, as in the cases at bar.
Moral ascendancy substituted for intimidation. Indeed, in rape committed by close kin, such as the victim' s father, stepfather, uncle, or the common-law spouse of her mother, it is not necessary that actual force or intimidation be employed; moral influence or ascendancy takes the place of violence or intimidation.
It is not necessary that actual force or intimidation be employed; moral influence or ascendancy takes the place of violence or intimidation.
Based on this premise, jurisprudence settles that consent is immaterial in cases involving a violation of Section 5, Article III of RA 7610; “For purposes of sexual intercourse and lascivious conduct in child abuse cases under RA 7610, the sweetheart defense is unacceptable.
A child exploited in prostitution or subjected to other sexual abuse cannot validly give consent to sexual intercourse with another person.