(Hussein Malla/AP)
THE Philippines and 20 other countries still allow rape offenders to be absolved of their crime through valid marriage, according to a new United Nations Population Fund (UNFPA) report.
In the State of World Population (SWOP) 2021, UNFPA said “marry-your-rapist” laws continue to exist in many parts of the world, including in the Philippines, which is touted as one of the best places on the planet to be a woman, based on its good performance in the Gender Gap Index through the years.
Based on the report, apart from the Philippines, countries that have similar laws are Algeria, Angola, Bahrain, Bolivia, Cameroon, Dominican Republic, Equatorial Guinea, Gaza, Iraq, Kuwait, Libya, the Russian Federation, Serbia, Syria, Tajikistan, Thailand, Tonga and Venezuela.
“Forced marriages are driven by institutionalized patriarchal practices, including payment of dowry or bride price, bride kidnapping, marriage of widows to in-laws, or ‘widow inheritance’, and marriage of rape survivors to their assaulters,” the report stated.
“Through these practices, brides become a commodity, or property, to be owned, bought, sold or traded, with no regard for their rights or autonomy,” SWOP added.
Based on the Anti-Rape Law of 1997, Article 266, Section C of the said law states: “Subsequent valid marriage between the offended party shall extinguish the criminal action or the penalty imposed. In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or the penalty: Provided, that the crime shall not be extinguished or the penalty shall not be abated if the marriage is void ab initio.”
The offender escaping criminal liability after marrying the victim is tied to a Spanish-era provision in the Revised Penal Code (RPC), specifically Article 344, which states: “In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of the offender with the offended party shall extinguish the criminal action or remit the penalty already imposed upon him.”
In 2015, the conclusion of the three-part series published by the BusinessMirror (See Marrying a rapist, the 301-day rule for widows and other obsolete laws here: https://businessmirror.com.ph/2015/09/23/marrying-a-rapist-the-301-day-rule-for-widows-and-other-obsolete-laws-3/) noted that Makabayan bloc Reps. Antonio Tinio of ACT Teachers; Rep. Fernando Hicap of Anakpawis; Neri Colmenares and Carlos Isagani Zarate of Bayan Muna; Luzviminda Ilagan and Emmi de Jesus of Gabriela; and Terry Ridon of Kabataan said House Bill (HB) 818 sought to amend the law.
Last year, the House of Representatives passed House Bill 0480 or an Act Amending Chapter 3 of Republic Act 8353, also known as the Anti-Rape Law of 1997. However, no counterpart bill has been filed at the Senate of the Philippines.
The provision on pardon in the House bill has been amended, saying that “The subsequent valid marriage between the victim and the offender shall not extinguish the criminal action for rape or the penalty imposed thereon.”
Further, data shared by the Commission on Population and Development (POPCOM) showed that of the 62,341 births from mothers aged 10 to 17, some 26,971 were sired by fathers aged 20 to 29 years old. This includes the birth of a child born of a 10-year old and 11-year old mother.
Based on the data shared by POPCOM, another 11 year old gave birth to a child sired by a 52 year old; 14 year old mother gave birth to a child sired by a 61-year old; two 15 year olds giving birth to children sired by a 62 and 76-year old; and two 16 year olds giving birth to children sired by a 73 year old and another one by an over 80-year old.
Philippine Statistics Authority (PSA) data also showed that of the 62,341 births, some 16,694 were sired by fathers who are between 15 to 19 years old, while another 16,371 births did not state the age of the father.
“Marriage laws and practices that subordinate women and deny them agency are widespread and difficult to root out. However, they are far from the only ways in which patriarchal structures reinforce male dominance and circumscribe female sexuality,” SWOP said.
In a news statement, UNFPA said nearly half of all women are denied their bodily autonomy, according to data from 57 countries.
The 2021 State of World Population report, titled My Body is My Own, marks the first time a United Nations report focuses on the power and agency of individuals to make choices about their bodies without fear, violence or coercion.
The report examines data on women’s decision-making power and on laws supportive of sexual and reproductive health and rights. Tragically, only 55 per cent of women have bodily autonomy, according to measurements of their ability to make their own decisions on issues relating to health care, contraception and whether to have sex.
The report also highlights the legal, economic and social barriers to securing bodily autonomy for all. Some 20 countries or territories, for example, have “marry your rapist” laws that allow perpetrators to escape punishment if they marry their victims, codifying the denial of autonomy experienced by survivors of rape.
But some of the most persistent barriers to bodily autonomy involve stereotypes, assumptions and misconceptions about bodily autonomy and the rights of women and girls.
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