Qualified rape

Dear Atty. Angela,

I work for a Non-Governmental Organization that assists abused women and children. Just recently, a mother who has a 13-year-old adopted daughter sought our help. Her daughter told her that she was sexually abused by the adoptive mother’s brother (adoptive uncle). What case should be filed and since the daughter is adopted and not related by blood to the uncle, will the case be statutory rape?

Bea

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Dear Bea,

In this case, the crime committed is Qualified Rape.

Rape is qualified when the victim is under 18 years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim. The elements of qualified rape are: (1) sexual congress; (2) with a woman; (3) done by force and without consent; (4) the victim is under eighteen years of age at the time of the rape; and (5) the offender is a parent (whether legitimate, illegitimate or adopted) of the victim. (People v. Marmol Jr., G.R. No. 217379, 23 November 2016).

In the recent case of People vs. XXX, G.R. No. 261962 (27 January 2025), the Supreme Court explained that the Domestic Administrative Adoption and Alternative Child Care Act (Republic Act 11642), which took effect in 2022, expanded the relationship of the adopted to include the adopter’s parents, legitimate siblings, and legitimate descendants. Since rape occurred after the effectivity of this law, it could be applied to this case.

As such, since the passing of the new adoption law was in effect in 2022, despite not being a blood relative, rape by an adoptive relative — here the child’s uncle, would now be considered a qualified crime which will increase the penalty to be imposed.

Atty. Angela Antonio