The Difference Between Sexual Harassment And Acts Of Lasciviousness

Women are vulnerable to all types of abuses, but complaints fall on deaf ears because of victim blaming. Any form of sexual abuse is traumatizing to the victim, but the best defense is having presence of mind and deeper understanding of the law. These acts are committed repeatedly as victims are embraced by fear while people who witnessed these acts simply turn a blind eye. Many abusers get out of the situation without getting penalized because of the victims' silence and the society's ignorance.  There are two violations that are usually used for sexual abuse: sexual harassment and acts of lasciviousness. Is there a difference between these terms? 

According to Republic Act 7877, sexual harassment is committed if:

1. The sexual favor is made as a condition in the hiring or  in the employment, re-employment or continued employment  of said individual, or in granting said individual favorable compensation, terms of conditions, promotions, or privileges;  or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way  would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee;

2. The above acts would impair the employee's rights or  privileges under existing labor laws; or

3. The above acts would result in an intimidating, hostile,  or offensive environment for the employee.

b. In an education or training environment, sexual harassment is committed:      

1. Against one who is under the care, custody or supervision of the offender;  

2. Against one whose education, training, apprenticeship  or tutorship is entrusted to the offender;            

3. When the sexual favor is made a condition to the giving  of a passing grade, or the granting of honors and scholarships,  or the payment of a stipend, allowance or other benefits,  privileges, or consideration; or

4. When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or  apprentice.

Any person who directs or induces another to commit any  act of sexual harassment as herein defined, or who cooperates  in the commission thereof by another without which it would  not have been committed, shall also be held liable under this  Act.

On the other hand, under Article 336 of the Revised Penal Code, acts of lasciviousness is committed if:

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.

Pinoy Attorney

Written by : Pinoy Attorney