Ra 11648 Flashcards
How is rape committed?
Article 266-A. Rape: When And How Committed. - Rape is committed:
“1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:
“a) Through force, threat, or intimidation;
“b) When the offended party is deprived of reason or otherwise unconscious;
“c) By means of fraudulent machination or grave abuse of authority; and
“d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.
“2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.
What is non-abusive?
shall mean the absence of undue influence, intimidation, fraudulent machinations, coercion, threat, physical, sexual, psychological, or mental injury or maltreatment, either with intention or through neglect, during the conduct of sexual activities with the child victim. ℒαwρhi৷
What is the age forstatutiny rape?
When the offended party is under sixteen (16) years of age or is demented, even though none of the circumstances mentioned above be presen
What is the exception to rule on age of consent?
That there shall be no criminal liability on the part of a person having carnal knowledge of another person under sixteen (16) years of age when the age difference between the parties is not more than three (3) years, and the sexual act in question is proven to be consensual, non-abusive, and non-exploitative:
True to false
That if the victim is under thirteen (13) years of age, criminal liability applies regardless of age difference
True
What is qualified seduction?
The seduction of a minor, sixteen and over but under eighteen years of age, committed by any person in public authority, priest, home-servant, domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with the education or custody of the minor seduced, shall be punished by prision correccional in its minimum and medium periods.
True or false
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 eighteen years of age.
True
What is Simple seduction.
The seduction of a minor, sixteen and over but under eighteen years of age, committed by means of deceit, shall be punished by arresto mayor.”
Child Prostitution and Other Sexual Abuse.
Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse
Child Trafficking.
Child Trafficking. - Any person who shall engage in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is under sixteen (16) years of age.
What constitutes other neglect, abuse, cruelty, or exploitation?
Any person who shall keep or have in his company a minor sixteen (16) years of age or under or who is ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach, and/or other tourist or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less that Fifty thousand pesos (P50,000.00)
