SEX CRIMES
SEX CRIMES
1. When the victim is under eighteen (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;
Presumptions
Any physical overt act manifesting resistance against the act
of rape in any degree from the offended party, or where the
offended party is so situated as to render her/him incapable
of giving valid consent, may be accepted as evidence in the
prosecution of the acts punished.
2 KINDS OF SEDUCTION:
1. Qualified seduction. - The seduction of a virgin sixteen and
over but under eighteen years of age (Republic Act (RA) No.
11648), committed by any person in public authority, priest,
home-servant, domestic, guardian, teacher, or any person who,
in any capacity, shall be entrusted with the education or
custody of the woman seduced, shall be punished by prision
correccional in its minimum and medium periods.
CLASSES OF QUALIFIED SEDUCTION:
a. Seduction of a virgin 16 and over and under 18 years of
age (Republic Act (RA) No. 11648) by certain persons,
such as a person in authority, priest, teacher, etc.;and
b. Seduction of a sister by her brother or descendant by
her ascendant, regardless of her age or reputation.
(incestuous seduction)
ELEMENTS OF QUALIFIED SEDUCTION:
Babanto v. Zosa
The accused, a policeman, brought a 13- year old girl with low
mentality, to the ABC Hall where he succeeded in having sexual
intercourse with her. The complaint did not allege that the girl was a
virgin. The accused was charged with RAPE but convicted of
QUALIFIED SEDUCTION.
HELD: Though it is true that virginity is presumed if the girl is over
12 but under 18, unmarried and of good reputation, virginity is still
an essential element of the crime of qualified seduction and must be
alleged in the complaint. Accused is guilty of RAPE, considering the
victim’s age, mental abnormality and deficiency. There was also
intimidation with the accused wearing his uniform.
Acts of Lasciviousness
ELEMENTS:
ELEMENTS:
a. that the person abducted is a woman, regardless
of her age, civil status, or reputation;
b. that the abduction is against her will; and
c. that the abduction is with lewd designs.
How committed:
Kinds of Fetishes:
a. Anatomic — Where particular portions of the anatomy,
such as the breasts, or buttocks are the target of
interest for sexual stimulation.
Classification of Intersexuality