Law spares boy from rape case

An 11-year-old boy accused of raping his seven-year-old neighbor in Ginatilan town a few months ago was spared from the complaint because of the recently implemented Juvenile Justice Law that exempts minors from any criminal liability.

Provincial prosecutor Pepita Jane Petralba approved the recommendation by assistant prosecutor Nelia Sistoso to drop the case against the 11-year-old based on the provisions of the Republic Act 9344 otherwise known as the Juvenile Justice and Welfare Act of 2006.

While the prosecutor said a medical certificate issued by the Vicente Sotto Memorial Medical Center proved the 11-year-old did rape the seven-year-old, their hands are tied and cannot indict the suspect for the crime before the Regional Trial Court because the law itself does not allow it.

Section 6 of R.A. 9344 states: “A child fifteen years of age or under at the time of the commission of the offense shall be exempt from criminal liability.”

Since the suspect is only 11, Sistoso said no matter how outrageous his crime, the boy cannot be brought to court to answer for it.

Sistoso instead recommend that the boy be referred to the local Social Welfare Department Office for intervention program in accordance with Section 20 of R.A. 9344.

The family of the victim, however, can still pursue the civil aspect of the crime by filing a separate court action for the civil liabilities of the suspect. 

The Juvenile Justice Law was authored by Sen. Francis Pangilinan in 2006.  — Fred P. Languido/BRP