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MATURE MINORS: Determining The Legal Possibilities of Medical Emancipation of Minors in The Philippines Background of The Study

The document discusses stealthing, which is removing a condom without consent, under Philippine law. It provides background on consent and examines whether stealthing is recognized as a criminal act and if victims can claim civil damages. The objectives are to understand consent during sex and identify laws that could apply to stealthing, including criminal and civil liabilities.

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Enzo Perez
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53 views2 pages

MATURE MINORS: Determining The Legal Possibilities of Medical Emancipation of Minors in The Philippines Background of The Study

The document discusses stealthing, which is removing a condom without consent, under Philippine law. It provides background on consent and examines whether stealthing is recognized as a criminal act and if victims can claim civil damages. The objectives are to understand consent during sex and identify laws that could apply to stealthing, including criminal and civil liabilities.

Uploaded by

Enzo Perez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

MATURE MINORS: Determining the Legal Possibilities of Medical Emancipation of

Minors in the Philippines

Background of the Study


I. The Philippine Constitution provides that the State values the dignity of every
human person and guarantees full respect for human rights.
II. Philippine laws recognize the importance of consent when engaging in sexual
congress.
A. Sexual conduct without consent is considered a criminal offense in the
Philippines.
■ Laws have been introduced to strengthen the rules pertinent to
rape and sexual assault.
B. Civil indemnity may be granted for the crime of rape and recent case law
fixes the amount of moral damages to P75,000.00.
III. There is no law in the Philippines which punishes the act of stealthing.
A. Stealthing is a crime defined and punished under the laws of Canada and
Switzerland.
B. Stealthing is described in other jurisdictions as akin to rape for the lack of
consent on one of the parties.

Thesis Statement
The act of stealthing has both criminal and civil consequences under Philippine laws.

Statement of the Problem


I. What are the legal consequences of stealthing under Philippines laws?
A. Does Philippine law recognize the act of stealthing as a criminal act?
B. Does the act of stealthing warrant the victim right to claim civil
indemnities?

Objectives
I. The general objective of this study is to have an in-depth understanding of the
concept of consent when engaging in sexual acts.
II. The study seeks to identify current Philippine laws which could possible be
violated by the act of stealthing.
A. The study aims to specify pertinent criminal laws which could possibly be
violated by the act of stealthing.
B. The study seeks to identify pertinent civil laws which could possibly be
violated by the act of stealthing.
Significance of the Study
I. The study will serve as a tool to provide a clear presentation on the legal
consequence of stealthing.
A. The importance of the study lies in the fact that there has been no
exhaustive and pertinent study on stealthing in the Philippines.
B. The study will identify the criminal consequence that could arise from the
act of stealthing.
C. The study will identify the civil liabilities arising from the act of
stealthing.
II. The study will demonstrate the need to introduce amendments to laws pertinent
to the element of consent in sexual acts.
A. Stealthing is "rape-adjacent" and demand specific laws for non-consensual
condom removal to be introduced.
B. Non-consensual condom removal could turn consensual sex into non-
consensual sex by way of different legal mechanisms.

Scope and Limitations


I. The definition of stealthing is limited to the practice of one sex partner covertly
removing a condom, when consent has only been given by the other sex partner
for condom-protected safer sex.
II. The study is limited to assessing the current criminal and civil consequences of
stealthing under Philippines laws.

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