The elements of the crime of qualified seduction

Appellant’s exculpation from the offense of rape does not mean, however, that his responsibility is merely moral and not penal in character.[33] Complainant’s narration of facts, i.e., appellant’s sexual abuse of his own 12-year old daughter twice on 13 June 1998, clearly establishes the offense of qualified seduction.  This offense is the act of having carnal knowledge of a virgin over 12 years but under 18 years of age and committed by any person in public authority, a priest, house-servant, domestic, guardian, teacher or any person who, in any capacity, shall be entrusted with the education or custody of the woman, but that, if the offender is the brother or ascendant of the victim, the latter’s virginity or age, becomes immaterial.[34] The crime of qualified seduction has the following elements: a) the offended party is a virgin; b) she must be over 12 and under 18 years of age; c) the offender has sexual intercourse with her; d) there is abuse of authority, of confidence or of relationship.[35] If the offender is the brother or ascendant of the victim, elements (a) and (b) are dispensed with.  Parenthetically, the relationship of the offender and the victim must be by consanguinity but need not be legitimate.[36]

While qualified seduction is not necessarily included in rape, one who is charged with rape may be found guilty of qualified seduction when the verified complaint for rape contains allegations which aver, and embodies the elements of, the crime of seduction.[37] The complaint and the information in this case has sufficiently alleged those elements, i.e. that appellant has had carnal knowledge of his 12-year old daughter, Ailyn, twice on 13 June 1998 in an apparent abuse of filial relationship.

http://sc.judiciary.gov.ph/jurisprudence/2003/jul2003/143002_03_vitug.htm

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About Erineus

Ernesto O. Bendita. Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.
This entry was posted in Children and Women, Criminal Law, Qualified Seduction and tagged . Bookmark the permalink.

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