Sex crimes

Question 1

penalty for rape

Answer 1

reclusion perpetua

Question 2

is sexual intercourse with a deaf-mute woman rape?

Answer 2

no, unless there is proof that she is an imbecile (People v Nava)

Question 3

penalty for qualified seduction

Answer 3

prision correccional in its minimum and medium periods

1 degree higher if seduction of sister or descendeant wheter or not she be a virgin or over 18 y/o

Question 4

a public school teacher who is in charge of education had sexual intercourse with a student, is guilty of

Answer 4

Qualifed seduction

if offended party is a virgin, and >12 y/o or under 18 y/o

Question 5

penalty for simple seduction

Answer 5

arresto mayor

Question 6

elements of simple seduction

Answer 6

1. the offended party is over 12 but less then 18y/o
2. the offended party must be SINGLE or a WIDOW of good reputation
3. SEXUAL intercourse
4. by DECEIT

Question 7

penalty for act of lasciviousness

Answer 7

prision correccional

Question 8

elements of acts of lasciviousness

Answer 8

1. act of lasciviousness
2. done under any of the ff
   - force or intimidation
   - depriving or reason or otherwise unconsciuos
   - under 12 y/o
3. the offended party must be a person of either sex

Question 9

penalty for acts of lasciviousness with the consent of the offended party

Answer 9

arresto mayor

Question 10

elements of acts of lasciviousness with consent

Answer 10

1. acts of lasciviousness
2. over 12 but under 18
   - except when sister or daughter
3. by abuse of authority, convident, relationship, or deceit
4. woman, virgin, single, or widow of good reputation
   - except if sister or descendant where virginity is not requried

*same circumstances as provided in qualified seduction and simple seduction

Question 11

penalty on forcible abduction

Answer 11

reclusion temporal

same penaly if the female abducted is under 12 y/o

Question 12

elements of FORCIBLE ABDUCTION

Answer 12

1. victim abducted is a woman
2. abduction is against her will
3. with lewd design

if under 12 y/o, crime is still forcible abduction even if the woman consented

Question 13

penalty for consented abduction

Answer 13

prision correccional in its minimum and medium periods

Question 14

elements of consented abduction

Answer 14

1. virgin
2. over 12 but under 18 y/o
3. with consent
4. with lewd design

if under 12 and with consent, it becomes forcible abduction
ergo, the penalty of PRISION CORRECCIONAL becomes RECLUSION TEMPORAL

Question 15

penalty for adultery

Answer 15

prision correccional in it medium and maximum periods

Question 16

pelalty for concubinage

Answer 16

prision correccional in its minimum and medium periods

concubine: destierro

Question 17

elements of ordinary qualified seduction

Answer 17

1. virgin
2. over 12 but under 18
3. sexual intercourse
4. abuse of authority or confidence