To be sure, Article III of R.A. No. 7610 is captioned as "Child Prostitution and Other Sexual Abuse" because Congress really intended to cover a situation where the minor may have been coerced or intimidated into lascivious conduct, not necessarily for money or profit, hence, the law covers not only child prostitution but also other forms of sexual abuse.[26]
However, before an accused can be convicted of child abuse through lascivious conduct committed against a minor below 12 years of age, the requisites for acts of lasciviousness under Article 336 of the RPC must be met in addition to the requisites for sexual abuse under Section 5 of R.A. No. 7610.[27] Acts of Lasciviousness, as defined in Article 336 of the RPC, has the following elements:
- SC Decision
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Topic: Before an accused can be convicted of child abuse through lascivious conduct (Read 496 times)