Question: A person has inquired about what legal actions can be taken if a child wakes up and finds her stepfather's hand on her breast and then wakes up again to find herself being embraced by him. What legal remedies are available in the Philippines for this scenario?
Answer: In the context of Philippine law, the described situation may involve a potential criminal offense related to sexual abuse or child molestation. Here's a breakdown of the potential legal actions that could be considered:
Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation, and Discrimination Act): Under this Act, child abuse, including sexual interference, can be prosecuted. If the child is under 18, any conduct that involves touching or fondling private parts may constitute sexual abuse under Section 5 of this law.
Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004): Depending on the relationship between the child and the stepfather, as well as the nature of the act, it may fall under psychological or sexual violence as defined in this law.
Revised Penal Code, Article 336 (Acts of Lasciviousness): If the touching was done with lewd intent, this provision may apply. It criminalizes acts of lasciviousness performed on a person under circumstances similar to rape.
Filing a Complaint with the Barangay or Local Authorities: In any event, the person who has knowledge of this incident should consider reporting the matter to the local Barangay officials or the Philippine National Police (PNP), particularly the Women and Children Protection Desk.
The above information provides a general overview of the legal remedies that might be applicable in this scenario. However, it is essential to consult with a Philippine lawyer who specializes in family or criminal law to discuss the specific facts of the situation. Legal professionals can evaluate the case, explain the appropriate laws, and guide the concerned individuals through the legal process.