Dear Attorney,

I hope this message finds you well. I am seeking your guidance regarding a deeply troubling matter. Two years ago, I experienced an incident that I believe constitutes an act of lasciviousness under Philippine law. Unfortunately, I do not have tangible proof to substantiate my claim, as the event occurred some time ago, and I did not report it at the time.

My questions are as follows:

Can a case for an act of lasciviousness still be filed even though it happened two years ago?
Is it possible to pursue the case despite the absence of physical evidence?
What steps can I take to strengthen my position should I decide to move forward with this?

I hope for your expert opinion and guidance on this matter, as it is a sensitive but urgent concern. Your advice would be invaluable in helping me understand my rights and options.

Thank you for your time and assistance.

Sincerely,
A Concerned Citizen

Legal Guide: Filing an Act of Lasciviousness Case in the Philippines

The Philippines upholds stringent laws to protect individuals from sexual offenses, including acts of lasciviousness. These are addressed under Article 336 of the Revised Penal Code (RPC) and further reinforced by Republic Act (R.A.) No. 8353 (The Anti-Rape Law of 1997), as well as R.A. No. 11313 (The Safe Spaces Act). Below is a detailed discussion of the legal framework and its implications for filing a case under the circumstances described.

1. What Constitutes an Act of Lasciviousness?

Under Article 336 of the RPC, an act of lasciviousness is committed when a person performs a lascivious act on another against their will, under any of the following circumstances:

Use of force, threat, or intimidation;
The act is committed on a person deprived of reason or otherwise unconscious; or
The act is committed on a person under 12 years of age or is otherwise incapable of providing consent.

Lascivious acts typically include inappropriate and unwelcome sexual advances, touching, or behavior that violates a person's dignity and sense of safety. The offense is penalized with prision correccional (imprisonment from six months to six years).

2. Is There a Statute of Limitations for Filing a Case?

The statute of limitations for criminal cases depends on the penalty imposed. For an act of lasciviousness under Article 336, punishable by prision correccional, the prescriptive period is 10 years under the Revised Penal Code, as amended by Act No. 3326.

Since your case happened two years ago, it still falls well within the 10-year prescriptive period. This means you may still file a complaint.

3. Can You File Without Physical Evidence?

Yes, you may still file a case even without physical evidence. In many cases involving sexual offenses, corroborating testimony, psychological assessments, or other indirect forms of evidence can support your claim. Philippine courts recognize the sensitive nature of these cases and often give weight to the credibility of the victim’s testimony, especially when delivered clearly, consistently, and convincingly.

Key considerations include:

Victim's Testimony: Your personal account of the incident, when detailed and credible, is often pivotal in proving the case.
Corroborative Testimony: Statements from witnesses who may have seen, heard, or otherwise been aware of the circumstances surrounding the incident can strengthen your claim.
Behavioral or Psychological Evidence: A psychologist or counselor may attest to the trauma and its effects on you, which can help establish the occurrence of the act.
Safe Spaces Act Evidence: If the lascivious act occurred in a public space or workplace, evidence like CCTV footage, incident reports, or statements from third parties may be available.

While physical evidence may strengthen a case, it is not an absolute requirement.

4. What Steps Should You Take to File the Case?

To proceed, you must undertake the following:

Consult a Lawyer
Seek the assistance of a legal professional experienced in handling sexual offense cases. They can guide you through the legal process and help you build a strong case.
File a Complaint with the Prosecutor’s Office
Draft and submit a sworn affidavit detailing the incident. Include as much information as possible, such as dates, locations, and descriptions of the act and the perpetrator.
Gather Supporting Evidence
While direct evidence may be unavailable, gather any supporting material, such as messages, social media interactions, or psychological assessments, to corroborate your claims.
Report to Authorities
File a complaint with the Philippine National Police’s Women and Children Protection Desk (PNP-WCPD) or the National Bureau of Investigation’s Violence Against Women and Children Division (NBI-VAWCD). These agencies can assist in evidence gathering and investigation.
Consider Psychological Counseling
Seeking counseling can help address emotional trauma and provide documentation of the impact of the incident, which may support your case.

5. Challenges and Practical Considerations

While you can pursue the case, challenges may arise, including:

Absence of Tangible Proof: The lack of physical evidence could complicate the case. Strong testimonial and corroborative evidence will be crucial.
Time Lapse: The delay in reporting may raise questions, but it does not bar you from filing. Be prepared to explain the reasons for the delay.
Retaliation or Harassment: Filing a case may expose you to retaliation, but protective mechanisms, such as temporary restraining orders (TROs), are available under the Safe Spaces Act and other laws.

6. Legal Protection for Victims

Several laws are in place to protect victims of sexual offenses:

The Safe Spaces Act (R.A. No. 11313)
This law penalizes sexual harassment in public spaces, workplaces, schools, and online. It provides remedies such as filing a complaint with the Gender and Development Office or local government units.
The Anti-Violence Against Women and Their Children Act (R.A. No. 9262)
If the perpetrator is someone you have a relationship with, this law provides additional protections, including temporary and permanent protection orders.
Rape Victim Assistance and Protection Act (R.A. No. 8505)
This law ensures that victims of sexual offenses receive medical, legal, and psychological assistance.

7. Final Advice and Encouragement

The law seeks to protect the dignity and rights of victims of sexual offenses. Despite the challenges, filing a case for an act of lasciviousness remains a viable option, even after two years and without direct evidence. The success of the case will largely hinge on the strength of your testimony and supporting evidence.

Do not hesitate to reach out to legal professionals or organizations such as the Public Attorney’s Office (PAO) or non-governmental organizations specializing in women’s rights for additional support.

Justice may take time, but with determination and proper guidance, it is attainable.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Always consult a qualified attorney for specific legal concerns.