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DIFFERENCE BETWEEN ACT OF LASCIVIOUSNESS VS RAPE

ACT OF LASCIVIOUSNESS RAPE


- Crime against chastity - Crime against person

Elements Elements
- The offender commits any act of - It must be committed by a man who shall
lasciviousness or lewdness against the have carnal knowledge of a woman
offended party who is another person of through
either sex  Force, threat or intimidation
- That is done  When the offended party is
 By using force or intimidation deprived of reason or otherwise
 By deprivation of reason or unconscious
consciousness  By means of fraudulent
 When the offended party is machination or grave abuse of
under 12 years of age even authority
though neither of the above  When the offended party is
circumstances are present under 12 years of age or is
demented, even though none of
the circumstances mentioned
above be present
- By any person, who shall commit an act of
sexual assault by injecting his penis to
another person’s mouth or anal orifice, or
any instrument or object, into the genital
or anal orifice of another person.
 The felony of act of lasciviousness does  The felony of rape/attempted rape
not require an intent requires intent

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DIFFERENCE BETWEEN PHYSICAL INJURIES, MURDER AND HOMICIDE

PHYSICAL INJURY MURDER HOMICIDE


- Intentional killing with - Any killing of a person by
premeditation (plan to another person
kill) - Justifiable killing such as
- Unlawful self-defense, defending
- Committed with malice another person
- Behaviour which shows
extremely reckless
disregard for life and
results in victim’s death
- Serious - First degree, second -
- Less serious degree and third degree
- Slight

They all involve infliction of physical injury. When the injury or injuries result in the death of
the victim, the crime is either homicide or murder.

When the person does not die:


If intent is absent, it is simply physical injury; otherwise it is either attempted or frustrated
homicide/murder

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