Answer
Statutory rape is rape committed against a child below the statutory age, whom the law considers legally incapable of giving consent. Under Article 266-A of the Revised Penal Code, as amended by Republic Act No. 11648 (2022), that age was raised from twelve (12) to below sixteen (16) years. For statutory rape, the gravamen is simply carnal knowledge of a child under sixteen.
Because the child cannot legally consent, force, threat, or intimidation need not be proved, and the child's supposed consent is not a defense — the age of the victim is the controlling element. This is a sensitive area with strict evidentiary and pleading rules, so specific situations should be assessed with counsel and against the current text of the law.
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