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I.

FACT

Child Rape in the Philippines


Rape, in Philippine Jurisprudence, is considered a criminal offense. In Philippine society, it is a
heinous crime punishable by life imprisonment.

The law
The Anti-Rape Law of 1997, which amended the previous definition of rape as defined in
the Revised Penal Code of 1930, now defines the crime of rape as follows:
Article 266-A. Rape: When And How Committed. - Rape is committed:
1) By a man who shall have carnal knowledge of a woman under any of the following
circumstances:
a) Through force, threat, or intimidation;
b) When the offended party is deprived of reason or otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority; and
d) When the offended party is under twelve (12) years of age or is demented, even though none
of the circumstances mentioned above be present.
2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall
commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice,
or any instrument or object, into the genital or anal orifice of another person. [1]

The 1997 changes expanded the definition of rape and reclassified that crime as a Crime
against persons instead of, as previously, grouping it with Crimes against Chastity.[2]

Rape of Children
Research studies conducted in schools show that for every 3 Filipino children, one child experiences
abuse. During the first semester of 1999 alone, there were 2,393 children who fell prey to rape,
attempted rape, incest, acts of lasciviousness and prostitution.[4]

UNDERSTANDING CHILD ABUSE


Definition of a child
A person who is below 18 years of age.
A person who is above 18 but can not take care of himself due to certain circumstance.

The rights of every Filipino child

It is my right

To be born. To have a name and nationality.


To be free. To have a family who will take care of me.
To have a good education.
To develop my potentials.
To have enough food, shelter, a healthy and active body.
To be given the opportunity for play and leisure.
To be given protection against abuse, danger and violence brought by war and conflict.
To live in a peaceful community.
To be defended and assisted by the government.
To be able to express my own views.

Definition In Philippine Law R.A. 7610


The Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act or
Republic Act 7610 (Art.1 Sec. 3) defines child abuse as maltreatment, whether habitual or not.

A person who is below 18 years old or those over but are unable to fully take care of
themselves from abuse, neglect, cruelty, exploitation or discrimination because of physical or
mental disability or condition.

By a person who is responsible for the child's welfare. Under circumstances which
gravely threaten or endanger the survival and normal development of children.

Operational Definition
Physical Abuse
Is characterized by physical injury (e.g. bruises and fractures) resulting from punching, beating, kicking,
biting, or otherwise harming a child. The injury may have resulted from over discipline or physical
punishment that is inappropriate to the child's age or condition. The injury may be the results from over
discipline or physical punishment that is inappropriate to the child's age or condition.
An injury resulting from physical punishment that requires medical treatment is considered outside the
realm of normal disciplinary measures.

Neglect

Child neglect is characterized by failure to provide for the child's basic needs. Neglect can be physical,
educational or emotional.

Physical Neglect
Includes refusal of or delay in seeking health care, abandonment, inadequate supervision and expulsion
from home or refusing to allow a runaway to return home.

Educational Neglect
Failure to enroll a child of mandatory school age and inattention to a special educational need.

Emotional Neglect
Includes such action as chronic or extreme spouse abuse in the child's presence, permission of drug
abuse or alcohol use by the child and refusal or failure to provide needed psychological care.

Sexual Abuse
Includes wide range of behavior; fondling of a child's genitals, intercourse, rape, sodomy, exhibitionism
and commercial exploitation through prostitution or the production of pornographic materials.

Sexual Exploitation
Children whether male or female, who for money, profit or any other consideration or due to the coercion
or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are
deemed to be children exploited in prostitution and other sexual abuse.

Emotional abuse
Includes acts or omissions by the parents or other persons responsible for the child's care and that have
caused or could cause serious behavioral, cognitive, emotional or mental disorder. It is the most difficult
form of child maltreatment.

Child trafficking
The act of trading or dealing with children, including but not limited to, the buying and selling children for
money, or for any other consideration, or barter.

II. ISSUE

Philippines to charge Australian


man Peter Gerard Scully on child
sex offences, human trafficking
Updated 6 Mar 2015, 6:14am

PHOTO: Peter Gerard Scully (back left) is facing


charges of human trafficking, statutory rape and murder.(Bobby Lagsa/Rappler)
RELATED STORY: AFP to travel to Philippines to help in homicide case
RELATED STORY: Australian paedophile had foreign accomplices in child porn ring, Philippines police say
MAP: Philippines

Philippine prosecutors say they will file human trafficking,


statutory rape and murder charges against an Australian man
who allegedly sexually assaulted babies and children as part of a
booming cybersex trade.
The suspect, Peter Gerard Scully, 51, was arrested in the southern
Philippines city of Malaybalay last month after allegedly sexually
abusing at least eight girls, including an 18-month-old infant.

Investigators said he also allegedly strangled one of the girls, with her
skeleton later discovered buried under a house he had rented.
Scully will also be charged with violating the Philippines' cybercrime
laws.
A complaint, filed by justice department investigators with the
prosecutors' office, said Scully forced the girls to perform sexual acts
in front of a video camera for paying clients overseas.
"Let notice be served to these criminal elements that the days of their
child cybersex operations are numbered," justice secretary Leila de
Lima said in a statement on the case.
"Wherever these syndicates are, we will hunt them down and we will
bring them to justice."
In the complaint outlining the case against Scully, a 13-year-old girl
was quoted as saying that her impoverished family agreed she could
do domestic work at his home in 2012.
But according to the prosecutors' complaint, she was instead forced to
perform sex acts with other girls, and was beaten by Scully's Filipina
girlfriend when she refused.
"They told me they had to take pictures of me naked because there
was an American who really wanted to see me naked ... and because
the American will pay a large amount," the complaint quoted her as
saying.
The girl said she fled Scully's house after she learned he had sold her
to a German national who was coming to collect her, the complaint
said.
The head of the anti-human trafficking division of the justice
department's investigating arm, Eric Nuqui, said that Scully had been
the subject of an international probe after Netherlands police found out
about his activities.
If convicted, he could face life in prison.

Authorities have warned the Philippines is a major hub of a billiondollar global child cybersex industry, with operators aided by
widespread poverty and legal loopholes that allow them to remain
anonymous.
Last year, Ms de Lima said that online child abuse was the leading
cyber-related crime in the Philippines, making up 46 per cent of the
more than 200 cases being handled by law-enforcement agencies.

Pedicab driver admits raping, killing 6-yr-old


girl
ABS-CBNnews.com
Posted at 01/20/2014 8:38 PM | Updated as of 01/21/2014 12:01 PM
MANILA (UPDATE) A pedicab driver has confessed to raping and killing a 6-year-old girl in Manila.
Suspect Mark Leo Avila, 29, was arrested by barangay and police personnel in Barangay Kahilom Uno in Pandacan,
Manila on Monday.
Investigators said one of the evidence against Avila is a closed-circuit television (CCTV) camera footage from the
office of Barangay 825 councilor Clemente Esta showing him accompanying the victim, 6-year-old Arlyn Joy
Balolong.
"Nagdaan mismo ang bata, na-identify mismo ng ama na iyun ang anak niya," Esta said.
Balolong was found dead at a poorly-lit lot in front of Plaza Dilao along Quirino Avenue in Paco district late Sunday.
She was wearing a white tank top but had no trousers.
Barangay 825, Zone 89 officials said the girl's genitals were lacerated, indicating she is likely a victim of rape. Her
head also bore bruises.
Investigators said Avila is a neighbor of the Balolong family, who had recently transferred to the area.
According to Kagawad Eddie Lozada of Barangay 872, Zone 95, the girl was always wandering around the area,
asking for loose change from people.
The girl was the fourth of seven children.
Kagawad Freddie Recomanta of Barangay 872, Zone 95 said Avila admitted raping and killing the victim and even
narrated how he carried out the crime.

"Niyaya niya ang bata, palibhasa kilala siya ng bata, sumama sa kanya. Dala raw ng kalasingan niya. Kinuwento niya
kung paano ginawa. Nung nagsisigaw ang bata tinukuran niya ng siko sa leeg. Palibhasa maingay pa rin, sinakal
niya tapos pinalo niya na ng pinalo ang ulo habang nakasakal siya," Recomanta said.
A CCTV captured Avila's arrest. In one of the footage, Avila is shown being shielded by arresting officers from angry
residents while he was being boarded to a police car.
Avila, whose wife is pregnant and has a child the age of Balolong, is set to be turned over to the Manila Police District
Homicide Section and face Manila Mayor Joseph Estrada.
Authorities have finished an autopsy of Balolong's body.
report from Francis Faulve, ABS-CBN News

Swede jailed for inciting child rape in PH:


report
Agence France-Presse
Posted at 01/11/2013 8:05 AM | Updated as of 01/11/2013 7:43 PM
STOCKHOLM - A Swedish court jailed a Swede for eight years on Thursday for paying poor women in the Philippines
to rape young kids as he watched on a videolink from his computer in Sweden, local media reported.
The Haessleholm district court in southern Sweden found the 52-year-old man, whose name was not disclosed, guilty
of 11 charges of inciting aggravated rape and one count of conspiracy to commit aggravated rape, both unusual
indictments, news agency TT said.
The man was acquitted of six other rape counts due to lack of evidence, and prosecutor Maans Bjoerklund said he
plans to appeal those cases.
The man contacted the women in 2009 on Internet chat sites. The women were either relatives or acquaintances of
the children, who were between the ages of five and eight.
The women used the money they were paid to buy rice, school books and other necessities for the children.
Authorities discovered the abuse when police seized the man's computer in another matter, and found screenshots of
the rapes.
The man denied the charges and said someone must have manipulated his computer.
The women who carried out the rapes testified during the trial from the Philippines via a videolink, but it was unclear
whether they would face charges in the Philippines.
"I have no insight into that," Bjoerklund told TT.

Five of the children were awarded damages, ranging from 65,000 to 230,000 kronor (7,600 to 27,000 euros, $10,000
to 35,300 dollars).
1994-2012 Agence France-Presse

III.PERSONAL INSIGHTS
What is this happening? Why are their people like this? What pushes them to do
this? This are the question that came in my mind when I see news about child rape.
This is a horrifying reality that exist in this world that we are living. This generation
is the time where every people never fear something. Most People act without
thinking about the morality of their actions. I have chosen this topic because it hurt
so much to see a child being abuse specially the terror of the action this people
make to the child. I am willing to help fight child abuse, if given a chance I would do
my best to make a change to this situation. I am a father of a 1 year and 11 months
little girl, sincerely and sadly speaking I fear this world that my little girl will grow up
into. The world where you cant be too confident to let your child play outside,
knowing that this experience are essential for them to learn.
Right Parenting is one of the most important things in protecting child abuse, I think
Philippines should have an annual or twice a month Barangay meeting for parents,
giving lectures of right parenting. Right parenting in terms of advices to their child,
for example Never Trust a Stranger. This is a simple advice or lesson to a child,
but this simple phrase could save a life of a kid. Parents played the most important
things to this but not all parents are good in parenting so a government or Private
Agencies should play role to this. It still part of mission of the government to ensure
security of its people.
The community should also be lectured on, aside from the church and saying of
God, The Barangay should held meeting to the community Lecturing about the good
values and punishment to this kind of act. Because sometimes ignorance is a sin .
There should also be a stricter, a law that will be feared by criminals, by human
beings so this child rape should be punishable by death. Poverty became a reason
why imprisonment became a good reason for those who are very marginalize. this
people never fear imprisonment because this prison became a good reason for
them to escape life reality and they achieve this by doing unimaginable things that
would punish them forever. And what should we do?. Put back the death sentence
law back but this time to those sins that is unforgivable by all like child rape.