In the Philippine legal system, "Acts of Lasciviousness" is a serious criminal offense classified as a crime against chastity. It is governed primarily by the Revised Penal Code (RPC) and has undergone significant amendments through the Safe Spaces Act and laws protecting children.
1. Legal Definition
Under Article 336 of the Revised Penal Code, acts of lasciviousness are committed by any person who shall commit any act of lewdness upon another person of either sex, under any of the circumstances provided in the law regarding rape.
Essentially, it involves any physical contact or gesture motivated by sexual desire (lewd design) that stops short of actual sexual intercourse or "rape by sexual assault" (penetration by objects or other body parts).
Key Elements for Conviction
To be convicted of this crime, the prosecution must prove:
- That the offender committed an act of lewdness.
- That the act was done under any of the following circumstances:
- Through the use of force or intimidation;
- When the victim is deprived of reason or otherwise unconscious;
- By means of fraud or transition of authority; or
- When the victim is under 12 years of age (statutory lasciviousness).
2. Lewd Design: The Determining Factor
The presence of lewd design is what distinguishes acts of lasciviousness from other crimes like "Unjust Vexation" or "Slander by Deed."
- Lasciviousness: The physical contact is motivated by a desire to derive sexual gratification.
- Unjust Vexation: The act is intended to annoy, irritate, or disturb the victim without a sexual component.
Philippine jurisprudence (e.g., People v. Crisostomo) clarifies that the court looks at the nature of the touch, the part of the body touched, and the surrounding circumstances to determine if there was a lewd intent.
3. Penalties for Adults (Revised Penal Code)
The penalty for acts of lasciviousness is generally Prision Correccional.
| Penalty Level | Duration |
|---|---|
| Minimum | 6 months and 1 day to 2 years and 4 months |
| Medium | 2 years, 4 months, and 1 day to 4 years and 2 months |
| Maximum | 4 years, 2 months, and 1 day to 6 years |
The specific duration imposed by the court depends on the presence of aggravating or mitigating circumstances.
4. Acts of Lasciviousness Against Minors
When the victim is a child (below 18 years of age), the crime falls under Republic Act No. 7610 (The Special Protection of Children Against Abuse, Exploitation, and Discrimination Act).
- Penalty: The penalty is increased to Prision Mayor in its medium period (8 years and 1 day to 10 years).
- Aggravated Cases: If the offender is a parent, ascendant, guardian, or person in charge of the child's education/care, the penalty is usually applied in its maximum period.
5. Distinction from the Safe Spaces Act (Bawal Bastos Law)
With the enactment of Republic Act No. 11313 (The Safe Spaces Act), certain "lewd" acts that were previously difficult to prosecute under the RPC are now specifically categorized as Gender-Based Streets and Public Spaces Sexual Harassment.
- Catcalling and Wolf-whistling: Penalized under RA 11313.
- Groping/Touching (Stalking/Leering): If the act is persistent or occurs in public spaces/workplaces, it may be prosecuted under this law, which offers a faster path to conviction for "lower-level" sexual harassment compared to the rigorous evidentiary requirements of Article 336.
6. Filing a Complaint
Acts of lasciviousness are public crimes, but because they fall under "Crimes Against Chastity," the prosecution is subject to certain procedural rules:
- Complaint by the Offended Party: Generally, the case cannot be prosecuted except upon a complaint filed by the offended party, her parents, grandparents, or guardian.
- Pardon: If the offended party expressly pardons the offender before the institution of criminal action, the prosecution may be barred. However, in cases involving minors, the state can often intervene regardless of a "pardon" if it is deemed against the child's best interest.
Summary Table of Penalties
| Context | Law Applied | Penalty |
|---|---|---|
| General (Adult Victim) | Art. 336, Revised Penal Code | Prision Correccional (6 mos. to 6 yrs.) |
| Child Victim (<18) data-preserve-html-node="true" | Sec. 5(b), RA 7610 | Prision Mayor Medium (8 to 10 yrs.) |
| Work/Education Setting | RA 7877 (Sexual Harassment) | Fine and/or Imprisonment (1 to 6 mos.) |
| Public Spaces | RA 11313 (Safe Spaces Act) | Varies (Fines to Arresto Mayor) |