What are the two modes of qualified seduction?

Two classes of qualified seduction: Seduction of a virgin over 12 and under 18 years of age by certain persons, such as a person in authority, priest, teachers etc and. Seduction of a sister by her brother or descendant by her ascendant, regardless of her age or reputation (incestuous seduction)

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TITLE ELEVEN

CRIMES AGAINST CHASTITY

That the woman is married (even if marriage subsequently declared void) That she has sexual intercourse with a man not her husband. That as regards the man with whom she has sexual intercourses, he must know her to be married.

Notes:

mitigated if wife was abandoned without justification by the offended spouse (man is not entitled to this mitigating circumstance) attempted: caught disrobing a lover

B. ELEMENTS OF CONCUBINAGE: (334)

That the man must be married. That he committed any of the following acts: Keeping a mistress in the conjugal dwelling. Having sexual intercourse under scandalous circumstances with a woman who is not his wife. Cohabiting with her in any other place. That as regards the woman she must know him to be married. Note: “Scandal” consists in any reprehensible word/deed that offends public conscience, redounds to the detriment of the feelings of honest persons and gives occasions to the neighbor’s spiritual damage and ruin

C. ELEMENTS OF ACTS OF LASCIVIOUSNESS: (336)

That the offender commits any act of lasciviousness or lewdness. That it is done under any of the following circumstances: by using force or intimidation, or when the offended party is deprived of reason or otherwise unconscious, or when the offended party is under 12 years of age. That the offended party is another person of either sex.

D. ELEMENTS OF QUALIFIED SEDUCTION OF A VIRGIN: (337)

Two classes of qualified seduction:

Seduction of a virgin over 12 and under 18 years of age by certain persons, such as a person in authority, priest, teachers etc and Seduction of a sister by her brother or descendant by her ascendant, regardless of her age or reputation (incestuous seduction)

Elements:

That the offended party is a virgin, which is (presumed if she unmarried and of good reputation.) That she must be over 12 and under 18 years of age. That the offender has sexual intercourse with her. That there is abuse of authority, confidence or relationship on the part of the offender ( person entrusted with education or custody of victim; person in public authority, priest; servant)

Persons liable:

Those who abuse their authority: persons in public authority guardian teacher person who, in any capacity, is entrusted with the education or custody of the woman seduced Those who abused the confidence reposed in them: priest house servant domestic Those who abused their relationship: brother who seduced his sister ascendant who seduced his descendant

E. ELEMENTS OF SIMPLE SEDUCTION: (338)

That the offended party is over 12 and under 18 years of age. That she must be of good reputation, single or widow. That the offender has sexual intercourse with her. That it is committed by means of deceit.

Note: common form is unconditional promise to marry

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F. ELEMENTS OF ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY: (339) that the offender commits acts of lasciviousness or lewdness. That the acts are committed upon a woman who is virgin or single or widow of good reputation, under 18 years of age but over 12 years, or a sister or descendant regardless of her reputation or age. that the offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit.

G. ELEMENTS OF CORRUPTION OF MINORS: (340)

Act punishable: By promoting or facilitating the prostitution or corruption of persons underage to satisfy the lust of another

Acts penalized

1. Engaging in the business of prostitution

2. Profiting by prostitution

3. Enlisting the servicxe of women for the purpose of prostitution

I. ELEMENTS OF FORCIBLE ABDUCTION: (342)

That the person abducted is any woman, regardless of her age, civil status, or reputation. That the abduction is against her will. That the abduction is with lewd designs.

Note: Sexual intercourse is NOT necessary

Crimes against chastity where age and reputation of victim are immaterial: rape, acts of lasciviousness, qualified seduction of sister/descendant, forcible abduction.

J. ELEMENTS OF CONSENTED ABDUCTION: (343)

That the offended party must be a virgin. That she must be over 12 and under 18 years of age. That the taking away of the offended party must be with her consent, after solicitation or cajolery from the offender. That the taking away of the offended party must be with lewd designs. offended party by her parents grandparents guardians in the order in which they are named above Note: Marriage of the offender with the offended party extinguishes the criminal action or remit the penalty already imposed upon him. This applies as well to the accomplices, accessories-after-the-fact. But marriages must be in good faith. This rule does not apply in case of multiple rape.

L. Civil liability of persons guilty of rape, seduction or abduction (345)

To idemnify the offended women To acknowledge the offspring, unless the law should prevent him from doing so In every case to support the offspring M. LIABILITY OF ASCENDANTS, OTHER PERSONS ENTRUSTED WITH CUSTODY OF OFFENDED PARTY WHO BY ABUSE OF AUTHORITY OR CONFIDENCE SHALL COOPERATE AS ACCOMPLIES: (346)

Reference:

Criminal Law Book 2 Reviewer

Ateneo Central Bar Operations 2001

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