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Qualified Seduction


ART.337

2 CLASSES OF QUALIFIED SEDUCTION:
   1. Seduction of a virgin over 12 and under 18
      years of age by certain persons, such as a
      person in authority, priest, teacher, etc.;and
   2. Seduction of a sister by her brother or
      descendant by her ascendant, regardless
      of her age or reputation. (incestuous seduction)

SEDUCTION means the enticing a woman to unlawful sexual
intercourse by promise of marriage or other means of
persuasion without the use of force.

2 KINDS OF SEDUCTION:
  1. qualified seduction
  2. simple seduction.

ELEMENTS OF QUALIFIED SEDUCTION OF A VIRGIN:
1. That the offended party is a virgin, which is
    presumed if she is unmarried and of good
    reputation;
2. That she must be over 12 and under 18
    years of age;
3. That the offender has sexual intercourse
    with her; and
4. 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:
1. Those who abuse their authority:
   a. persons in public authority
   b. guardian
   c. teacher
   d. person who, in any capacity, is entrusted w/
      the education or custody of the woman
      seduced
2. Those who abused the confidence reposed in them:
   a. priest
   b. house servant
   c. domestic
3. Those who abused their relationship:
   a. brother who seduced his sister
   b. ascendant who seduced his descendant

The penalty for qualified seduction of a sister or
descendant is higher than qualified seduction of a
virgin.

Deceit is not an element of qualified seduction.

Abuse of Confidence, acts punished because of
character of person committing the same, and
excess of power or abuse of confidence.

Virginity: a woman of chaste character and of good
reputation. The offended party need not be
physically a virgin.

Domestic: a person usually living under the same roof,
pertaining to the same house.

The offended party need not be a virgin
physically – virgin is a virtuous woman of good
reputation

Deceit is not an element of qualified seduction; it
is an element of simple seduction

Accused charged with rape cannot be convicted
of qualified seduction under the same information.

Qualified seduction of a sister or descendant, also
known as INCEST, is punished by a penalty next higher
in degree. The age, reputation, or virginity of the
sister or descendant is irrelevant. The relationship
need not be legitimate.

Not necessary that the offender be the teacher of
the offended party; it is sufficient that he is a
teacher in the same school.

Seduction: enticing a woman to unlawful sexual
intercourse by promise of marriage or other means
of persuasion without use of force. It applies when
there is abuse of authority (qualified seduction) or
deceit (simple seduction).

People v. Fontanilla
A 15-year old virgin, who was brought by her mother
to the house of the accused and his wife to serve as
a helper, repeatedly yielded to the carnal desires
of the accused, as she was induced by his promises
of marriage and frightened by his acts of intimidation.

   HELD: DECEIT, although an essential
   element of ordinary or simple seduction,
   does not need to be proved or
   established in a charge of qualified
   seduction. It is replaced by ABUSE OF
   CONFIDENCE.

Babanto v. Zosa
The accused, a policeman, brought a 13- year old girl
with low mentality, to the ABC Hall where he succeeded
in having sexual intercourse with her. The complaint
did not allege that the girl was a virgin. The accused
was charged with RAPE but convicted of QUALIFIED
SEDUCTION.

   HELD: Though it is true that virginity is
   presumed if the girl is over 12 but under
   18, unmarried and of good reputation,
   virginity is still an essential element of
   the crime of qualified seduction and must
   be alleged in the complaint. Accused is
   guilty of RAPE, considering the victim’s
   age, mental abnormality and deficiency.
   There was also intimidation with the
   accused wearing his uniform.

Perez v. CA
Perez succeeded in having sexual intercourse with
Mendoza after he promised to marry her. As he did not
make good on said promise, Mendoza filed a complaint
for Consented Abduction. Trial Court found that the
acts constituted seduction, acquitting him on the
charge of Consented Abduction. Mendoza then filed a
complaint for Qualified Seduction. Perez moved to
dismiss the case on the grounds of double jeopardy.

   HELD:There are similar elements between consented
   abduction and qualified seduction, namely:
   1) the offended party is a virgin, and
   2) over 12 but under 18 yrs. of age
   However, an acquittal for CONSENTED
   ABDUCTION will not preclude the filing of
   a charge for QUALIFIED SEDUCTION
   because the element of the two crimes
   are different.

That the girl gave consent to the sexual intercourse
is not a defense.










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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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