Dear Atty. Gab,

Musta Atty! I’m writing to you because I’m in a really difficult situation and I don’t know where to turn. I recently started seeing someone, and things got intimate between us. I thought she was older, but I found out she’s only 17. I’m 23 years old. We both willingly engaged in the act, and I genuinely care about her. However, now I’m worried about the legal implications. Can I be charged with anything, even if she consented? What are my rights, and what should I do? I’m terrified of going to jail, and I’m worried about what this will do to her life as well.

I really need your help and advice on this matter. I’m willing to take responsibility for my actions, but I want to know what I’m up against. Thank you for your time and consideration.

Sincerely,
Alfredo Fernandez

Dear Alfredo,

Musta Alfredo! I understand your concern regarding the potential legal consequences of your relationship. The situation is complex, as Philippine law has specific provisions regarding relationships with minors, even when consent is involved. While the possibility of charges exists, the specific circumstances will heavily influence the outcome.

The Complexities of Relationships Involving Minors

In the Philippines, engaging in sexual activity with a minor, even with their consent, can lead to criminal charges. This is due to laws designed to protect children from exploitation and abuse. The specific charges and penalties will depend on factors such as the age difference between you and the minor, the nature of the interaction, and whether there was any coercion or abuse involved.

One must understand the application of special laws meant to protect the youth and ensure their welfare. Note that the Revised Penal Code and special laws, such as Republic Act No. 7610, or the “Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act”, cover the legal aspects of your situation. These laws may even conflict with the provisions in the Family Code, so it is necessary to see which laws apply.

Here are some relevant legal citations to consider:

“if the minor victim is more than 12 years old but below 18 when the crime is committed, the accused may be prosecuted either for rape under the RPC or child abuse under R.A. 7610.”

This means that even with consent, being with someone aged 12 to 18 can make you liable for child abuse, as stated by the Supreme Court.

“A child is deemed exploited in prostitution or subjected to other sexual abuse, when the child indulges in sexual intercourse or lascivious conduct (a) for money, profit, or any other consideration; or (b) under the coercion or influence of any adult, syndicate or group.”

If the minor was influenced, as in the case of the excerpt, that is already child abuse. Whether she was influenced or not is up for the authorities to decide.

“Obviously, Salino, an adult, used wiles and liquor to influence JS into yielding to his sexual desires. He took advantage of her immaturity and adventurism, mindless of the psychological trauma that she would have to bear for the rest of her life when she grows old enough to appreciate its consequences.”

Using influence on a minor makes one liable under the law. While the excerpt mentions alcohol, there could be other forms of influence. Also, one must be mindful of the trauma that may affect the minor.

The law does provide different penalties depending on the circumstances. For instance, if there was exploitation, abuse, or coercion, the penalties are more severe. Even without these elements, the mere act of engaging in sexual activity with a minor can result in legal consequences, though possibly less severe. Furthermore, the Indeterminate Sentence Law will be applied.

“Applying the Indeterminate Sentence Law, therefore, the maximum term of the indeterminate penalty shall be that which could be properly imposed under the law…while the minimum term shall be within the range next lower in degree.”

Under the Indeterminate Sentence Law, the minimum and maximum penalties will be decided by the court, depending on the merits of the case. It is best to consult with a lawyer to explore the possible application of this law. There are many factors that the court will consider, so it’s best to prepare the best case you can.

Practical Advice for Your Situation

• Cease all contact: Immediately stop all contact with the minor to avoid further legal complications.
• Seek legal counsel: Consult with a criminal defense lawyer experienced in cases involving minors.
• Do not speak to authorities: Refrain from speaking with law enforcement or any other authority without your lawyer present.
• Gather evidence: Collect any evidence that might support your defense, such as messages or any other proof that might show how the relationship started.
• Prepare for possible charges: Understand that you may face criminal charges, and your lawyer will help you prepare a defense strategy.
• Consider therapy: Seeking therapy can help you cope with the stress and anxiety of the situation, regardless of the legal outcome.
• Be honest with your lawyer: Provide a complete and honest account of the situation to your legal counsel so they can provide the best possible defense.

Navigating this situation requires utmost care and a clear understanding of your rights and obligations. Protecting yourself legally while also considering the well-being of the minor involved is a delicate balance. Consulting legal counsel will make a huge difference in navigating the case.

Hope this helps!

Sincerely,
Atty. Gabriel Ablola

For more specific legal assistance related to your situation, please contact me through gaboogle.com or via email at connect@gaboogle.com.

Disclaimer: This correspondence is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please schedule a formal consultation.