normal_post - Before an accused can be convicted of child abuse through lascivious conduct - Philippine Laws Author Topic: Before an accused can be convicted of child abuse through lascivious conduct  (Read 72 times)

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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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Romans 10:9-10
"If you declare with your mouth, Jesus is Lord, and believe in your heart that God raised him from the dead, you will be saved. For it is with your heart that you believe and are justified, and it is with your mouth that you profess your faith and are saved."

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Continuation:
(1)
That the offender commits any act of lasciviousness or lewdness;
(2)
That it is done under any of the following circumstances:
a.
By using force or intimidation; or
b.
When the offended party is deprived of reason or otherwise unconscious; or
c.
When the offended party is under 12 years of age; and
(3)
That the offended party is another person of either sex.

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