Act of Lasciviousness under RA 7610

A Comprehensive Discussion on the Crime of Acts of Lasciviousness under Republic Act No. 7610 (Philippines)

Disclaimer: This article is intended for general informational and educational purposes only and does not constitute legal advice. For any specific questions or legal concerns, it is best to consult a licensed Philippine attorney.

1. Introduction

In the Philippines, crimes involving sexual abuse of children are treated with particular seriousness. Republic Act No. 7610, also known as the “Special Protection of Children Against Abuse, Exploitation and Discrimination Act,” was enacted to protect children from various forms of abuse. One specific offense under RA 7610 is commonly referred to as “Acts of Lasciviousness” committed against a child. This article aims to provide an in-depth discussion of the legal framework, elements, penalties, relevant jurisprudence, and other key points concerning the crime of Acts of Lasciviousness under RA 7610.

2. Relevant Legal Provisions

  1. Republic Act No. 7610 (RA 7610)

    • Enacted in 1992, RA 7610 provides for stronger deterrence and special protection of children against child prostitution, sexual abuse, child trafficking, and other forms of abuse.
    • Key provisions relevant to Acts of Lasciviousness against children include Sections 3(a), 3(b), and 5, among others.

  2. Revised Penal Code (RPC), Article 336 (“Acts of Lasciviousness”)

    • Apart from RA 7610, the Revised Penal Code still penalizes Acts of Lasciviousness under Article 336.
    • However, where the victim is a child and the circumstances fall within RA 7610, the special law (RA 7610) prevails because it provides a more stringent penalty and addresses the peculiar vulnerability of minors.

3. Definition of “Lascivious Conduct” or “Acts of Lasciviousness”

While RA 7610 does not provide a standalone provision titled “Acts of Lasciviousness” in the same manner as the Revised Penal Code, the concept of lascivious conduct is encapsulated under Section 5 of RA 7610. Specifically:

  • Section 5(b), RA 7610 provides that:

    “Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse shall suffer the penalty of reclusión temporal in its medium period to reclusión perpetua…”

The law uses the phrase “lascivious conduct” rather than simply “acts of lasciviousness.” Philippine jurisprudence, however, regards both terms as functionally equivalent in describing sexual acts that are “lewd” and “lascivious” in character when perpetrated upon a minor.

3.1. Lascivious Conduct Defined

In general, acts of lasciviousness (or lascivious conduct) involve any form of lewd physical contact, or action intended to satisfy the sexual desires of the perpetrator, that falls short of consummated sexual intercourse. Common examples include:

  • Touching or fondling of the child’s genitalia or intimate parts.
  • Caressing the child’s body in a sexual manner.
  • Forcing the child to do a sexually suggestive act.

Under RA 7610, the victim is a child—someone under 18 years old (or older but unable to fully protect themselves due to a physical or mental disability). Since RA 7610 addresses scenarios where the minor is the subject of sexual abuse or exploitation, the emphasis is on the protective purpose of the law rather than on the conventional definition of lewdness alone.

4. Elements of the Crime

For Acts of Lasciviousness (or “lascivious conduct”) to fall under RA 7610, the following essential elements must be established:

  1. The Victim is a Child

    • Under RA 7610, a “child” is someone below 18 years old, or over 18 but who is unable to protect themselves because of a physical or mental disability or condition.

  2. There is Lascivious or Lewd Conduct

    • An intentional act of lewdness, intending to arouse or gratify sexual desire, done against the child or with the child as the object of the lascivious conduct.

  3. The Child is Exploited in Prostitution or is Subjected to Other Sexual Abuse

    • Sexual abuse under RA 7610 occurs when the child is used for sexual gratification or activity. The phrase “subjected to other sexual abuse” is broadly interpreted to cover various situations of sexual exploitation—even in a non-commercial context.
    • If the child was not necessarily “exploited in prostitution,” they could still be “subjected to other sexual abuse,” which includes any sexual act (like an act of lasciviousness) that degrades or demeans the dignity of the child.

  4. The Offender Acted with Knowledge or Intent

    • The offender must have knowledge that the act being performed is sexual in nature and committed against a minor. Criminal intent or negligence (where the perpetrator ought to have known the victim’s age) is a key factor.

When these elements are met, the accused can be held liable under Section 5 of RA 7610, carrying heavier penalties than under the general provisions of the Revised Penal Code.

5. Penalties and Punishment

5.1. Under RA 7610

  • Section 5(b) states that any person who commits “sexual intercourse or lascivious conduct” with a child (as defined in the law) shall suffer a penalty ranging from reclusión temporal in its medium period (i.e., 14 years, 8 months and 1 day to 17 years and 4 months) to reclusión perpetua (up to 40 years).

  • The exact duration of the penalty depends on the specific factual circumstances, the presence of aggravating or mitigating factors, and other details determined during trial (e.g., the child’s age, the use of force, or if any relationship of trust is exploited).

5.2. Under the Revised Penal Code (Article 336)

  • “Acts of Lasciviousness” under Article 336 of the RPC is generally punishable by prisión correccional (6 months and 1 day to 6 years).
  • However, where RA 7610 specifically applies due to the victim being a child subjected to sexual abuse, the higher penalty framework of RA 7610 prevails.

6. Distinction from Other Related Offenses

  1. Acts of Lasciviousness under the RPC vs. Lascivious Conduct under RA 7610

    • The same act (e.g., touching a victim’s private parts) may be punishable under Article 336, but if the victim is a minor, RA 7610 will typically apply with its heavier penalties.
    • RA 7610 is a special law addressing the exploitation and abuse of minors. Hence, it carries more severe sanctions.

  2. Rape vs. Acts of Lasciviousness

    • Rape involves either carnal knowledge or acts of sexual assault under specific statutory definitions.
    • Acts of lasciviousness do not amount to penetration or sexual intercourse (though RA 7610 penalizes “sexual intercourse” with a minor under the same section as well). When the prosecution cannot prove elements of rape, the offender may still be convicted of lascivious conduct.

  3. Sexual Abuse under RA 7610 vs. Qualified Seduction or Simple Seduction

    • Seduction under the Revised Penal Code involves a certain relationship (e.g., abuse of authority, guardianship, or deceit) but is distinct from child abuse laws.
    • If the victim is under 18 and the act falls under sexual abuse, RA 7610 generally applies over seduction because RA 7610 is more specific and penal in nature.

7. Notable Jurisprudence

Philippine courts have consistently emphasized that RA 7610 was enacted to give special protection to minors. The Supreme Court has repeatedly held that any sexual act involving a child can be prosecuted under RA 7610 where evidence shows that the child was subjected to sexual abuse—even if there was no “commercial exploitation.”

Some frequently invoked rulings include principles such as:

  • The child’s testimony is given weight and credibility, especially where it is straightforward and consistent with forensic or medical findings.
  • Mistake of age is generally not a defense if the offender could have ascertained (or is presumed to know) the child’s age.
  • Consent of the minor is immaterial because children are deemed incapable of giving informed consent to sexual acts.

These case decisions underscore that any doubt must be resolved in favor of protecting the welfare of the child.

8. Additional Procedural Aspects

  1. In Camera Testimony

    • Courts may allow a child victim to testify outside open court to shield them from further trauma, consistent with Philippine rules on child witnesses.

  2. Protective Custody

    • Child victims may be placed under protective custody by the Department of Social Welfare and Development (DSWD) to ensure their safety and well-being during criminal proceedings.

  3. No Mediation in Criminal Cases

    • Acts of Lasciviousness under RA 7610 is a public offense; it cannot be “settled” merely by private agreement. The State can continue the prosecution if there is enough evidence to establish guilt.

9. Importance of RA 7610 in Child Protection

RA 7610 embodies the State’s heightened responsibility to protect children from sexual exploitation and abuse. By prescribing severe penalties, it seeks to deter individuals from committing lewd acts or sexual exploitation against minors. Public policy strongly favors the protection of children, who are considered among the most vulnerable sectors of society.

10. Conclusion

Acts of Lasciviousness (or “lascivious conduct”) under RA 7610 is a grave offense aimed at safeguarding children from sexual abuse. Compared to the Revised Penal Code’s provisions on the same subject, RA 7610 imposes stiffer penalties and broader protective measures precisely because minors require special legal protection.

To summarize:

  1. RA 7610 establishes that any sexual act (including lascivious conduct) committed against a child constitutes a severe crime punishable by lengthy imprisonment.
  2. The elements focus on the age of the victim (under 18) and the lewd intent of the perpetrator, regardless of whether physical force or intimidation was used.
  3. Philippine jurisprudence stresses protection of children, making sure that when there is evidence of sexual exploitation, RA 7610 applies over other general penal laws.

Anyone accused or anyone who believes they are a victim (or knows someone who might be a victim) of child sexual abuse should seek legal counsel and report the matter to local authorities or the DSWD. The overarching goal is the safeguarding of the child’s welfare, health, and dignity, consistent with the principles of RA 7610 and related laws.

Note: The penal provisions, doctrinal interpretations, and penalties discussed here may evolve based on new Supreme Court rulings or amendments to the law. Always consult the latest official sources or a licensed Philippine attorney for up-to-date legal guidance.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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