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1.

RAPE
The Anti-Rape Law of 1997 (RA 8353) now classified the crime of rape as Crime Against
Persons
2. ELEMENTS:
Rape is committed
By a man who have carnal knowledge of a woman under any of the following circumstances:
a. through force, threat or intimidation
b. when the offended party is deprived of reason or otherwise unconscious
c. by means of fraudulent machination or grave abuse of authority
d. when the offended party is under 12 years of age or is demented, even though none of the
circumstances mentioned above be present
3. If the victim however is exactly twelve (12) years old (she was raped on her birthday) or more,
and there is consent, there is no rape. However, Republic Act No. 7610, Sec. 5 (b) provides that:
Even if the victim is over twelve (12) year old and the carnal act was with her consent as long as
she falls under the classification of a child exploited in prostitution and other sexual abuse, the
crime is rape. Penalty: reclusion temporal in its medium period.
4. In connection with the answer letter A with regard to Art 336, 337, 338, and 339.
5. Under rape the penalty is death.
6. Acts of lasciviousness penalty is reclusion temporal
7. Acts of lasciviousness with consent penalty is arresto mayor one month or one day to six
months.
8. Qualified seduction: prision correcional or imprisonment for not more than six years or fine not
exceeding six thousand pesos or both
9. Simple Seduction: arresto mayor, the duration of which is from one month or one day to six
months

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