Qualified Seduction

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.

Under the Revised Penal Code, Qualified Seduction Penalty is prision correccional in its minimum and medium periods.The penalty next higher in degree shall be imposed upon any person who shall seduce his sister or descendant, whether or not she be a virgin or over 18 years of age.

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