CRIMES AGAINST CHASTITY

1. Adultery
i. Woman is married
ii. Sexual intercourse with a man not her husband
iii. As regards the man with whom she has sexual intercourse, he must know her to be
married

Note:

Not a continuing offense, each sexual intercourse constitutes a crime of adultery

Abandonment without justification is only a mitigating circumstance, not exempting
A married man who does not know that the woman is married may not be liable for adultery,
but may be held liable for concubinage
The acquittal of one of the defendants (due to good faith, insanity, death, flight to another
country), does not operate as an acquittal for the other defendant
Death of the paramour will not bar prosecution against the unfaithful wife
Effect of death of the offended party: a.) before filing of the complaint- criminal liability is
extinguished; b.) after filing of the complaint- not extinguished (the case may still proceed)
Effect of pardon by the offended party:
i. Must come before the institution of the criminal prosecution
ii. Both the offenders must be pardoned by the offended party
Act of sexual intercourse subsequent to the adulterous conduct is an implied pardon

2. Concubinage
i. By keeping a mistress in the conjugal dwelling or
ii. By having sexual intercourse under scandalous circumstances with a woman who is not
his wife or
iii. Cohabiting in any other place
iv. That as regards the woman, to be liable, she must know him to be married

under scandalous circumstances:

He and his mistress live in the same roof of a house

Appear together in public
Perform acts in sight of the community which give rise to criticism and general protest among
the neighbors
Must be witnessed by others, other than his wife
 3. Acts of lasciviousness
i. Offender commits any act of lasciviousness or lewdness
ii. Committed against a person of either sex
iii. Done under the ff. circumstances:
By using force or intimidation
When the offended party is deprived of reason or otherwise unconscious
By means of fraudulent machination or grave abuse of authority
When the offended party is under 12 years of age or is demented

Note:

In grave coercion- compulsion is the very element; in acts of lasciviousness- lewdness is the very
element
Motive of lasciviousness is not important because the essence of lewdness is in the very act
itself
Abuses against chastity vs crimes against chastity
Distinguished from attempted rape:
i. If the acts performed by the offender clearly indicate that his purpose was to lie with
the offended woman, it is attempted or frustrated rape
ii. In the case of attempted rape, the lascivious acts are but the preparatory acts to the
commission of rape; whereas in the acts of lasciviousness, the lascivious acts are
themselves the final objective sought by the offender
Attempted rape may constitute acts of lasciviousness
No attempted or frustrated crime of acts of lasciviousness

4. Qualified Seduction
i. Seduction of a virgin
Presumed if she is unmarried and of good reputation
Must be over 12 and under 18
Offender has sexual intercourse with her
Abuse of authority, confidence or relationship on the part of the offender

Note:

If under 12, crime is rape; if over 18, qualified seduction is not committed

ii. Seduction of a sister by her brother, or descendant by her ascendant, regardless of her
age or reputation

Note:

Deceit is not an element of seduction

Consent by the offended party is not a defense
 5. Simple seduction
i. Offended party is over 12 and under 18
ii. Good reputation, single or widow
iii. Has sexual intercourse
iv. Committed by means of deceit

Note:

Deceit generally takes the form of unfulfilled promise of marriage

The promise of marriage must be the inducement and the woman must yield because of the
promise or other inducement
If she consents merely from carnal lust, and the intercourse is from mutual desire, there is no
seduction

6. Acts of lasciviousness with the consent of the offended party

i. Offender commits acts of lasciviousness
ii. Committed upon a woman who is virgin or single or widow of good reputation, under 18
but over 12 or sister or descendant regardless of her reputation or age
iii. Accomplishes the acts by abuse of authority, confidence, relationship or deceit

-no sexual intercourse; committed against a female only

7. Corruption of minors- to satisfy the lust of another; mere proposal will consummate the offense
8. White slave trade
9. Forcible Abduction
i. The person abducted is any woman regardless of age, civil status, or reputation
ii. The abduction is against her will
iii. Abduction is with lewd designs
iv. Sexual intercourse is not necessary
- If there is a deprivation of liberty with no lewd designs, it is kidnapping and serious illegal
detention not forcible abduction
- Rape may absorb forcible abduction if the main objective was to rape the victim
10. Consented abduction
i. Offended must be a virgin
ii. Over 12, under 18
iii. The taking away of the offended party must be with her consent, after solicitation or
cajolery
iv. The taking away must be with lewd designs
- Consented abduction with rape
Note:

Crimes where Age and Reputation are Immaterial:

1. Rape
2. Acts of lasciviousness against the will or without the consent of the offended party
3. Qualified seduction of sister or descendant
4. Forcible abduction

Prosecution:

1. Adultery and concubinage- must be prosecuted upon complaint signed by the offended
spouse
2. Seduction, abduction, rape or acts of lasciviousness
i. Offended party
ii. Her parents
iii. Grandparents
iv. Guardians in the order in which they are named above

Note:

- In rape, that is now a crime against person it can be filed by any person without the complaint
filed by the offended party (verify)