Living in a conservative country such as the Philippines feels as though you are walking on eggshells as you need to be very careful with your actions. For instance, making a physical contact would mean an innocuous gesture to some, but a serious offense to others. It may seem very subjective, but the crime of acts of lasciviousness is already a serious mater and this is when touching means something. However, many choose to keep silent because in a country where sex is a taboo topic, some victims are the ones being blamed for the crime committed. Like rape, acts of lasciviousness can be very traumatic to the hapless victim and it is not just about sex but taking advantage of the victim’s weakness. So what exactly are acts of lasciviousness?
As defined in the Republic Act No. 7610, “Lascivious conduct” means the intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks, or the introduction of any object into the genitalia, anus or mouth, of any person, whether of the same or opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person, bestiality, masturbation, lascivious exhibition of the genitals or public area of a person.”
Elements of the Crime of Acts of Lasciviousness
“1. The accused commits the act of sexual intercourse or lascivious conduct.
2. The said act is performed with a child exploited in prostitution or subjected to sexual abuse.
3. The child, whether male or female, is below 18 years of age.”
Attempted Rape Versus Acts Of Lasciviousness
"Like rape, the acts of lasciviousness are committed by intimidation or force, grave abuse of authority or fraudulent machinations. The victim is deprived of reason, unconscious, demented or under 12 years of age. The offended party in both rape and acts of lasciviousness can be a person of either sex.
However, the act will be considered as an attempted or frustrated rape if the offender clearly demonstrated that his purpose for performing the act is to lie with the offended woman. Lascivious acts are deemed preparatory acts in case of attempted rape. On the other hand, acts of lasciviousness are considered as the offender’s final objective. If the offender does not intend to have sexual intercourse, it will not be considered to be attempted rape. "
If the victim is under 12, it is child abuse under Republic Act No. 7610 and the penalty is one degree higher. Under Art. 339, acts of lasciviousness with the offended party’s consent are committed against a female under circumstance of seduction. Under Art. 336 Acts of lasciviousness are committed against a male or a female under the circumstance of rape.
