Crimes Against Chastity Flashcards
What are the elements of adultery? What is its mitigating circumstance?
Under Article 333, the elements of adultery is: a married woman, has sexual intercourse with a man not her husband, and the latter knows that the woman is married, even if the marriage is subsequently declared void.
Under this crime, the persons liable is the married woman and the man who is not the husband.
The penalty will be lowered if the woman was abandoned by the husband without justification.
What are the elements of concubinage?
Under Article 334, there is concubinage when a married man, together with his mistress who knows him to be married, the latter is kept in the conjugal dwelling, or had sexual intercourse under scandalous circumstances, or have cohabited in any other place.
The same with adultery, the persons liable are the married man and the mistress.
What are the elements of acts of lasciviousness? How does acts of lasciviousness differ from rape?
Which article will apply if the act was committed with consent of the woman?
Under Article 336, acts of lasciviousness is committed when a person commits acts of lasciviousness to another person by force or intimidation. by means of fraudulent machination or grave abuse of authority, or when the offended party is deprived of reason or unconscious.
The difference between rape and acts of lasciviousness is that the latter is a preparatory act of the former. Meaning to say, the intention of the offender in rape is actually to lay down with the woman, while in acts of lasciviousness, the lascivious acts is the final objective of the offender. When the former is committed, it is already consummated as there is no such thing as attempted or frustrated crime of acts of lasciviousness.
Article 339 will apply if the consent of the woman was obtained by force or intimidation.
What are the elements of simple seduction versus qualified seduction?
Under Article 338, the elements of simple seduction is when the offender seduces a single or a widow woman of good reputation, who is above 16 but below 18 years old, by means of deceit (usually in the form of promise of marriage).
Under Article 337, the elements of qualified seduction is when the offender, who is a person of authority, or reposed with confidence, or has a relationship (sibling, ascendant, brother in law, etc.) with the offended party, seduces the latter who is above 16 years old but under 18 years old, and a virgin.
Under Article 337, it should be noted that the age requirement is not required on qualified seduction committed by an offender who has a relationship with the offended party.
Both articles are amended by RA 116481.
What are the elements of forcible abduction? How about consented abduction?
Under Article 342, there is forcible abduction when the offender abducts a woman against the will of the latter with lewd designs.
Under Article 343, there is consented abduction when the offender abducts a virgin who is under 12 years of age but below 18 years of age, with the consent of the latter and with lewd designs. But under this article, if the woman is below 12 years of age, it will be considered as forcible abduction because children do not have the legal capacity to express consent.
What are the elements of bigamy?
Under Article 349, bigamy is committed when a married spouse, even if the previous marriage was not dissolved, contracts a subsequent marriage which could have been valid if not for the existence of the previous marriage.
