The elements of the crime of acts lasciviousness

Posted on May 4, 2011by Erineus

The elements of the crime of acts lasciviousness are: (1) that the offender
commits any act of lasciviousness or lewdness; (2) that it is done: (a) by using
force and intimidation or (b) when the offended party is deprived of reason or
otherwise unconscious, or (c) when the offended party is under 12 years of
age; and (3) that the offended party is another person of either sex.
Section 32, Article XIII, of the Implementing Rules and Regulations of RA
7610 or the Child Abuse Law defines lascivious conduct, as follows:
The intentional touching, either directly or through clothing, of the genitalia,
anus, groin, breast, inner thigh, or buttocks, or the introduction of any object
into the genitalia, anus or mouth, of any person, whether of the same or
opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or
gratify the sexual desire of any person, bestiality, masturbation, lascivious
exhibition of the genitals or pubic area of a person.
In the case at bar, all the elements of the offense were established, making
accused-appellant liable for the crime of acts of lasciviousness, as defined and
penalized under Article 366 of the Revised Penal Code in relation to R.A. No.
7610 or the Child Abuse Law.[25] As evidenced by her birth
certificate,[26] the victim was 6 years of age at the time of the commission of
the offense on August 19, 1997, having been born on November 3,
1991. Accused-appellants acts of removing the victims underwear, inserting
his finger into and licking her vagina, and lying on top of her, constitute
lascivious conduct intended to arouse or gratify his sexual desire. Indeed, the
victims testimony that accused-appellant performed the said lecherous acts
should be given full faith and credence. In cases of acts of lasciviousness, the
lone testimony of the offended party, if credible, is sufficient to establish the
guilt of the accused. Such is the testimony of victims who are young,
immature, and have no motive to falsely testify against the accused, as in the
instant case.[27]
Article III, Section 5, of Republic Act No. 7610, provides:
Child Prostitution and other Sexual Abuse. Children, whether male or
female, who for money or profit, or any other consideration or due to the
coercion or influence of any adult, syndicate or group, indulge in sexual
intercourse or lascivious conduct are deemed to be children exploited in
prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion
perpetua shall be imposed upon the following:
x x x x x
x x x x
(b) Those who commit the act of sexual intercourse or lascivious conduct
with a child exploited in prostitution or subjected to other sexual
abuse; Provided, That when the victim is under twelve (12) years of
age, the perpetrators shall be prosecuted under Article 335,
paragraphs 3, for rape and Article 336 of Act No. 3815, as amended,
the Revised Penal Code, for rape or lascivious conduct, as the case
may be: Provided, That the penalty for lascivious conduct when the
victim is under twelve (12) years of age shall be reclusion temporal
in its medium period; x x x . (Emphasis supplied)
Considering that the victim in the instant case was only 6 years old[28] at the
time the crime was committed, accused-appellant should be meted the penalty
of reclusion temporal in its medium period. In the absence of any mitigating
or aggravating circumstance, the penalty shall be imposed in its medium
period, which has a range of fifteen (15) years, six (6) months and twenty (20)
days to sixteen (16) years, five (5) months and nine (9)
days.[29] Notwithstanding that R.A. No. 7610 is a special law, accused-
appellant may enjoy the benefits of the Indeterminate Sentence
Law.[30] Thus, he shall be entitled to a minimum term to be taken within the
range of the penalty next lower to that prescribed by the Code. The penalty
next lower in degree is prision mayor, the range of which is from six (6) years
and one (1) day to twelve (12) years. Hence, for the crime of acts of
lasciviousness, accused-appellant shall suffer the indeterminate sentence of
eight (8) years and one (1) day of prision mayor, as minimum, to fifteen (15)
years, six (6) months and twenty (20) days of reclusion temporal as
maximum.[31]
In line with current jurisprudence, accused-appellant is liable to pay the
victim the amount of P30,000.00 as moral damages.[32]
http://sc.judiciary.gov.ph/jurisprudence/2003/jan2003/149199.htm

ACTS OF LASCIVIOUSNESS

A. Concept: the act of making a physical contact with the body of
another person for the purpose of obtaining sexual gratification
other than, or without intention of, sexual intercourse.
1. The contact may be by the body of the accused such as by the lips, hands, foot; or by means
of any object or instrument. In either case there must be no form of insertion into the anus,
mouth or sex organ amounting to rape through sexual abuse.

2. It is distinguished from Attempted Rape in that there is no intent to have sexual intercourse
with the victim. The intent may be inferred from the circumstances of time, place, and occasion,
or inferred from the nature of the act itself.

3. It is distinguished from Unjust Vexation in that there is no lewd design in unjust vexation

Example: (i) The acts of an ardent lover such as kissing, embracing arising from his passion,
are unjust vexation merely. (ii). The touching of the private parts of a woman out of curiosity is
unjust vexation.

4. If the acts of lasciviousness (including sexual intercourse) is performed upon a child exploited
in prostitution or other sexual abuse (i.e. abuse other than the acts of lasciviousness such as
when the child is the subject of an obscene publication or pornography or of indecent shows)
whether male or female, the acts would constitute sexual abuse punished under R.A. 7610 (
The Child Abuse Law) ( Olivarez vs. C.A., July 29, 2006)

B. Kinds:
1. Forcible (Article 336) if made under circumstances of forcible rape, i.e through
force, threat, violation, intimidation.

a. The accused may be any person and the victim may be a male or female
2. Consented: (Article 339) if made under circumstances of seduction whether simple
or qualified i.e.

a) victim is a female of chaste character

b) over 12 years but below 18 years, or a widow


Child sexual abuse[edit]
Main article: Child sexual abuse
Sexual assaults on children are normally viewed far more seriously than those on an adult.
This is because of the innocence of the child victim, and also because of the long-term
psychological impact that such assaults have on the child.
Child sexual abuse is a form of child abuse in which an adult or older adolescent abuses a
child for sexual stimulation.
[13][14]
Forms of CSA include asking or pressuring a child to
engage in sexual activities (regardless of the outcome), indecent exposure of the genitals to
a child, displaying pornography to a child, actual sexual contact against a child, physical
contact with the child's genitals, viewing of the child's genitalia without physical contact, or
using a child to produce child pornography.
[13][15][16]

The effects of child sexual abuse include depression,
[17]
post-traumatic stress
disorder,
[18]
anxiety,
[19]
propensity to re-victimization in adulthood,
[20]
and physical injury to the
child, among other problems.
[21]
Sexual abuse by a family member is a form of incest, is
more common than other forms of sexual assault on a child, and can result in more serious
and long-term psychological trauma, especially in the case of parental incest.
[22]

Approximately 15% to 25% of women and 5% to 15% of men were sexually abused when
they were children.
[23][24][25][26][27]
Most sexual abuse offenders are acquainted with their victims;
approximately 30% are relatives of the child, most often brothers, fathers, mothers, sisters
and uncles or cousins; around 60% are other acquaintances such as friends of the family,
babysitters, or neighbors; strangers are the offenders in approximately 10% of child sexual
abuse cases.
[23]

Studies have shown that the psychological damage is often particularly severe when sexual
assault is committed by parents against children due to the incestuous nature of the
assault.
[22]
Incest between a child or adolescent and a related adult has been identified as
the most widespread form of child sexual abuse with a huge capacity for damage to a
child.
[22]
Often, sexual assault on a child is not reported by the child for several reasons:
children are too young to recognize their victimization or put it into words
they were threatened or bribed by the abuser
they feel confused by fearing the abuser but liking the attention
they are afraid no one will believe them
they blame themselves or believe the abuse is a punishment
they feel guilty for consequences to the perpetrator
[28]

- Wikipedia http://en.wikipedia.org/wiki/Sexual_assault#Child_sexual_abuse