Child Abuse (RA 7610) Flashcards

1
Q

Criminal Law 2018 Va

With a promise of reward, Robert asked Romy to bring him a young girl that he (Robert) can have carnal knowledge with. Romy agreed, seized an eight-year old girl and brought her to Robert. After receiving his reward, Romy left while Robert proceeded to have carnal knowledge with the girl.

(a) For what felony may Robert and Romy be charged?

A

Robert may be charged with the crime of Child Prostitution or other sexual abuse under Section 5(b) of RA 7610 (Special Protection of Children Against Child Abuse, Exploitation, and Discrimination Act) by having sexual intercourse with a child exploited in prostitution. Because the victim was under 12 years of age (in this case, 8 years), Robert should be prosecuted under Article 266-A and 266-B of the Revised Penal Code as amended by RA 8353 (Anti-Rape Law of 1997).

Romy, on the other hand, may be charged with the crime of Child Prostitution or other sexual abuse under Section 5(a) of RA 7610 by acting as procurer of a child prostitute.

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2
Q

Criminal Law 2018 Vb

With a promise of reward, Robert asked Romy to bring him a young girl that he (Robert) can have carnal knowledge with. Romy agreed, seized an eight-year old girl and brought her to Robert. After receiving his reward, Romy left while Robert proceeded to have carnal knowledge with the girl.

(b) Will your answer in (a) be the same if the victim is a 15-year old lass who was enticed, through cunning and deceit of Romy, to voluntarily go to the house of Robert where the latter subsequently had carnal knowledge with her?

A

Yes.

RA 7610 covers sexual abuse committed against a child or children below eighteen (18) years of age. Children, who for money, profit, or any other consideration 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. Robert and Romy may be prosecuted under the said law.

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