REVIEW OF RELEVANT LAWS ON CHILD SEXUAL ABUSE AND COMMERCIAL EXPLOITATION

Outline of Presentation

Relevant Provisions of RA 7610 Pertinent Provisions of the RPC RA 9208 (The Anti-Trafficking in Persons Act of 2003)

Republic Act No. 7610

Special Protection of Children Against Child Abuse, Exploitation and Discrimination

Definition

Children - persons below 18 years of age or those over but are unable to to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.

Definition

CHILD ABUSE -Refers to maltreatment, whether habitual or not, of the child which includes any of the following;

Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment; Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being;

Definition

CHILD ABUSE -Refers to maltreatment, whether habitual or not, of the child which includes any of the following;

Unreasonable deprivation of his basic needs for survival, such as food and shelter Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death

Offenses Against Children under RA 7610

Child Prostitution and other sexual abuse Attempt to commit child prostitution Child Trafficking Attempt to commit child trafficking Child pornography and indecent shows and publication Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Childs Development

Child Prostitution and Other Sexual Abuse

Who are deemed to be children exploited in prostitution and other sexual abuse?
Children, whether male or female, Who for money, profit, or other consideration or due to coercion or influence of adult, syndicate or group Indulge in sexual intercourse or lascivious conduct

Child Prostitution and Other Sexual Abuse

What is lascivious conduct?

Means the intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks; or any act of lewdness; Done with force or intimidation, fraudulent machination or grave abuse of authority; or where the offended party is deprived of reason or otherwise unconscious; With intent to abuse, humiliate, harass, degrade the child, or arouse or gratify the sexual desire of any person Bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a person

Child Prostitution and Other Sexual Abuse

Who may be liable? Those who engage in, or promote, facilitate or induce child prostitution which includes, but are not limited to, the following:

acting as a procurer of a child prostitute inducing a person to be a client of a child prostitute taking advantage of influence or relationship to procure a child as a prostitute threatening or using violence towards a child to engage him as a prostitute giving monetary consideration/pecuniary benefit

Penalty- Reclusion Temporal med-Reclusion Perpetua

Child Prostitution and Other Sexual Abuse

Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse. Penalty-same with Art. 335 and 336 of RPC except if victim is under 12 yrs (Rec.Temp. med) Those who derive profit or advantage therefrom as manager or owner of the establishment where the prostitution takes place/establishment serving as cover or which engages in prostitution other than activity it was licensed for. Penalty-Reclusion Temporal med-Reclusion Perpetua

Attempt to Commit Child Prostitution

Any person, not being a relative of a child , is found alone with the said child inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishment, vessel, vehicle or any other hidden or secluded area which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse . Any person, receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar establishments. Penalty- 2 deg.lower than that prescribed for the consummated felony

Child Trafficking

Any person who shall engage in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any other consideration or barter. Penalty-Reclusion Temporal-Reclusion Perpetua. If victim is under 12 years, maximum period

Attempt to Commit Child Trafficking

Allowing a child to travel alone to a foreign country Pregnant womans execution of affidavit of consent to adoption of unborn child for consideration Recruitment of women or couples for child bearing for purposes of child trafficking Simulation of birth by doctor, hospital, clinic official, etc. for the purpose of child trafficking Finding children among low-income families, hospitals etc. to sell Penalty- 2 deg. Lower from the consummated felony

Obscene Publication and Indecent Shows

hire employ use
obscene exhibitions live or

perform pose/model

indecent shows

in video

Obscene publications pornographic materials

Person persuade child induce sell coerce distribute

pornographic materials

Penalty- Prision Mayor. If under 12 years, maximum period.

Obscene Publications and Indecent Shows:

Any ascendant, guardian, or person entrusted in any capacity with care of a child who shall cause and/or allow such child to be employed or to participate in an obscene play, scene, act, movie or show or in any other acts covered by this section shall suffer the penalty of Prision Mayor medium.

Other Acts of Abuse

Any person who shall commit any other acts of child abuse, cruelty or exploitation or be responsible for other conditions prejudicial to the childs development including those covered by Art. 59 of PD 603, but not covered by the Revised Penal Code Penalty- Prision Mayor Minimum

Other Acts of Abuse

Any person who shall keep or have in his company a minor, twelve (12) years or under or who is ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places. Exception:Person related within the fourth degree of consanguinity or affinity or any bond recognized by law, local customs and tradition or acts in the performance of a social, moral or legal duty. Penalty- Prision Mayor maximum and fine of not less than Php 50,000.00.

Other Acts of Abuse

Any person who shall induce or deliver or offer a minor to anyone prohibited under R.A. 7610 as above described. Penalty-Prision Mayor Medium and fine of not less than Php 50,00.00. Any person, owner, manager or one trusted with the operation of any public or private place of accommodation, whether for occupancy, food, drink, or otherwise, including residential places, who allows any person to take along with him such place or places any minor herein described. Penalty-Prision Mayor Medium and fine of not less than Php 50,000.00

Other Acts of Abuse

Any person who shall use, coerce, force or intimidate a street child or any other child to:

beg or use begging as a means of living act as conduit or middleman in drug trafficking or pushing conduct any illegal activities.

Penalty- Prision Correccional Medium-Reclusion Perpetua

Penalties for Specific Crimes

When victim is under 12 years and for purposes of this act, the penalties for Murder, Homicide, other intentional mutilation, Serious Physical InjuriesReclusion Perpetua. For Qualified Seduction, acts of lasciviousness with consent, corruption of minors, white slave trade- one degree higher than that imposed by law.

Remedial Procedures
Who may file a complaint? Offended Party Parents or Guardians rd Ascendant or collateral relative within 3 degree of consanguinity Officer, social worker or representative of a licensed child-caring institution Officer or social worker of the DSWD Barangay Chairman, or Three (3) concerned, responsible citizens where the offense was committed

Remedial Procedures
Protective Custody of the Child
(DSWD will be free from any administrative, civil or criminal liability)

Confidentiality

Name of the offended party withheld from the public until the court acquires jurisdiction Unlawful to cause undue and sensationalized publicity of any case

Special Court Proceedings Protection of victim from undue publicity (IRR) records

Pertinent Provisions of the Revised Penal Code

Rape (Art. 266-A)

As amended by RA 8353, The Anti-Rape Law of 1997

Expanded the definition of the crime of rape to include sexual assault Reclassified rape as a crime against persons Added fraudulent machinations or grave abuse of authority as a fourth mode of committing rape under parag.1 Considered demented persons statutory rape

Rape (Art. 266-A)

As amended by RA 8353, The Anti-Rape Law of 1997

How rape is committed?:

By a man who shall have carnal knowledge with a woman under any of the following circumstances: through force, threat or intimidation when the offended party is deprived of reason or otherwise unconscious by means of fraudulent machination or grave abuse of authority when the offended party is under 12 or is demented, even though none of the circumstances mentioned above

Rape (Art. 266-A)

As amended by RA 8353, The Anti-Rape Law of 1997

How rape is committed?:

By any person who, under any of the circumstances mentioned in par. 1, shall commit an act of sexual assault by inserting his penis into anothers mouth or anal orifice any instrument or object into the genital or anal orifice of another person

Other Crimes under the RPC

Acts of lasciviousness (Art. 336)

offender commits any act of lasciviousness or lewdness committed using force or intimidation; offended party is deprived of reason or otherwise unconscious; offended party is below twelve (amended by RA 7610)

Acts of lasciviousness with the consent of the offended party

offended party is a woman above 12 or under 18 committed under the circumstances and by the same circumstances under Arts. 337 and 388

Other Crimes under the RPC

Qualified seduction offended party was a virgin at the time of the commission of the offense offended party is over 12 but under 18 offender had carnal knowledge offender is one of those persons enumerated under Art. 337 par. 1 (a person in public authority, a priest, house-servant, domestic, guardian, teacher, or any person entrusted with the custody or education if the woman) Note: consent or deceit not essential elements; virginity refers to chaste character not physical virginity

Other Crimes under the RPC

Simple seduction offended party must be single or a widow of good reputation (virginity not essential) over 12 and under 18 offender had carnal knowledge of her act was committed by means of deceit

Other Crimes under the RPC

Corruption of minors how committed? Habitually promoting or facilitating the prostitution or corruption of a minor of either sex promoting or facilitating the prostitution or corruption of a minor, the offender availing of his authority over the minor, or acts with abuse of confidence

Note: habituality or abuse of authority is no longer an element of the offense (BP 92)

Other Crimes under the RPC

White Slave Trade how committed? By engaging in the business of prostitution By profiting by prostitution By enlisting the services of women for the purpose of prostitution

liability attaches: a) enlistment without sharing in the profit; or b) sharing in the profit without enlistment

Other Crimes under the RPC

Forcible abduction the persons kidnapped must be a woman (immaterial whether she is a widow, married or virgin) committed against her will (except for those under 12)(by means of deceit or violence) committed with unchaste designs, that is with the intention of lying with the woman (if w/o lewd designs, illegal detention; but if forcibly taken to coerce her to marry him, grave coercion)

Anti-Trafficking in Persons Act of 2003

Pros. Lolita L. Lomanta
Office of the Cebu Provincial Prosecutor

Republic Act 9208

AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS EXPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER PURPOSES

DEFINITION OF TERMS
TRAFFICKING IN PERSONS:

Refers to the: a) recruitment, b) transportation, c) transfer, or d) harboring, or e) receipt of persons with or without the victims consent or knowledge, within or across national borders

by means of: a) threat or use of force, or other forms of

coercion, b) abduction, c) fraud, d) deception, e) abuse of power or of position, f) taking advantage of the vulnerability of the person, or g) the giving or receiving of payments or benefits to achieve the consent of a person having control of another person

 For the purpose of exploitation which

includes at the minimum: a) exploitation or prostitution b) other forms of sexual exploitation c) forced labor or services, slavery, servitude or d) removal or sale of organs If the victim is a child, the recruitment, transportation, transfer, harboring or receipt shall be considered trafficking in persons even if it does not involve any of the means set forth in the preceding paragraph

Acts of Trafficking in Persons

To recruit, transport, transfer, harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, etc

Acts of Trafficking in Persons (2)

To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, etc

Acts of Trafficking in Persons (3)

To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, etc

Acts of Trafficking in Persons (4)

To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation; To maintain or hire a person to engage in prostitution or pornography;

Acts of Trafficking in Persons (5)

To adopt or facilitate the adoption of persons for the purpose of prostitution, etc To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person

Acts of Trafficking in Persons (6)

To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad

Acts that Promote Trafficking in Persons

To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting trafficking in persons

Acts that Promote Trafficking in Persons (2)

To produce, print and issue or distribute un-issued, tampered or fake counseling certificates, registration stickers and certificates of any government agency which issues these certificates and stickers as proof of compliance with government regulatory and predeparture requirements for the purpose of promoting trafficking

Acts that Promote Trafficking in Persons (3)

To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet, or any brochure, flyer, or any propaganda material that promotes trafficking

Acts that Promote Trafficking in Persons (4)

To assist in the conduct of misrepresentation or fraud for purposes of facilitation the acquisition of clearances and necessary exit document from government agencies mandated to provide pre-departure registration and services for the purpose of promoting trafficking

Acts that Promote Trafficking in Persons (5)

To facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and seaports who are in possession of un-issued, tampered or fraudulent travel documents for the purpose of promoting trafficking in persons

Acts that Promote Trafficking in Persons (6)

To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress from the government or appropriate agencies

Acts that Promote Trafficking in Persons (7)

To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a condition of involuntary servitude, forced labor, or slavery

Qualified Trafficking in Persons

When the trafficked person is a child When the adoption is effected through Republic Act No. 8043, otherwise known as the InterCountry Adoption Act of 1995 and said adoption is for the purpose of prostitution, etc..

Qualified Trafficking in Persons (2)

When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons, individually or as a group

Qualified Trafficking in Persons (3)

When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee

Qualified Trafficking in Persons (4)

When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies When the offender is a member of the military or law enforcement agencies

Qualified Trafficking in Persons (4)

When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).

Penalties

Acts of Trafficking imprisonment of twenty (20) years and a fine of not less than One million Pesos but not more than Two million pesos

Penalties (2)

Acts that promote trafficking imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand pesos but not more than One million pesos

Penalties (3)

Qualified trafficking life imprisonment and a fine of not less than Two million pesos but not more than Five million pesos

Use of Trafficked Persons

Any person who buys or engages the services of trafficked persons for prostitution shall be penalized as follows: (a) First offense six(6) months of community service as may be determined by the court and a fine of Fifty thousand pesos(P50,000.00); and (b) Second and subsequent offenses imprisonment of one (1) year and a fine of One hundred thousand pesos (P100, 000.00).

Confidentiality

At any stage of the investigation, prosecution and trial of an offense under the Act, law enforcement officers, prosecutors, judges, court personnel and medical practitioners, as well as parties to the case, shall recognize the right to privacy of the trafficked person and the accused. Law enforcement officers, prosecutors and judges to whom the complaint has been referred may order a closed-door investigation, prosecution or trial. The name and personal circumstances of the trafficked person or of the accused, or any other information tending to establish their identities shall not be disclosed to the public

Confidentiality

In cases when the prosecution or trial is conducted behind closed doors, it shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer or producer in case of television and radio, producer and director of a film in case of the movie industry, or any person utilizing tri-media facilities or information technology to cause publicity of any case of trafficking in persons. Penalty: imprisonment of six (6) years and a fine of not less than Five hundred pesos but not more than One million Pesos

PROGRAMS AND PROTECTION (2)

Roles and Responsibilities of LGUs:
Monitor and document cases of trafficked persons in their areas of jurisdiction Effect the cancellation of licenses of establishments which violate the provisions of the Act and ensure its effective prosecution Undertake an information campaign against trafficking in persons through the establishment of the MAIN desks in municipalities and provinces in coordination with DILG, PIA, CFO, NGOs

PROGRAMS AND PROTECTION (3)

Roles and Responsibilities of LGUs:
Encourage and support community based initiatives which address trafficking in persons; Provide basic social services for the prevention, rescue, recovery, rehabilitation and reintegration/after care services to victims of trafficking and their family Enact ordinances or issuances aimed at providing protection and support to trafficked persons and adopt measures to prevent and suppress trafficking

PROGRAMS AND PROTECTION (4)

Roles and Responsibilities of LGUs:
Strengthen, activate and mobilize existing committees, councils, similar organizations and special bodies at the provincial, city, municipal and barangay levels to prevent and suppress trafficking in persons

PROGRAMS AND PROTECTION (6)

Legal Protection
trafficked persons are recognized as victims and shall not be penalized for crimes directly related to the acts of trafficking or in obedience to the order made by the trafficker. Consent of trafficked person to the intended exploitation shall be irrelevant.

Witness protection program under R.A. 6981 Mandatory services:

Emergency shelter or appropriate housing Counseling Free legal services Medical or psychological services Livelihood and skills training Educational Assistance to a trafficked child

Who can file complaint:

Any person who has personal knowledge of the commission of any offense under this Act The Trafficked person The parents Spouse Siblings Children Legal Guardian

Where to file complaint:

Where the offense was committed, Where any of its element occurred, or Where the trafficked person actually resides at the time of the commission of the offense Proviso: that the court where the criminal action is first filed shall acquire jurisdiction to the exclusion of other courts

Prescriptive period:
Trafficking cases under this Act shall prescribe in ten (10) years. Exception: When committed by a syndicate or in a large scale, they prescribe in twenty (20) years.

THE END
DAGHANG SALAMAT Good Day To All!!!