Reporting Attempted Acts of Lasciviousness in the Philippines: A Comprehensive Legal Guide

Introduction to Acts of Lasciviousness and Its Attempted Form

In Philippine criminal law, acts of lasciviousness are governed primarily by Article 336 of the Revised Penal Code (RPC), as amended by subsequent laws such as Republic Act (RA) No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act) and RA No. 8353 (Anti-Rape Law of 1997). Acts of lasciviousness refer to any lewd or libidinous conduct committed upon another person without their consent, often involving physical contact that violates the victim's sexual integrity but does not amount to rape or other more severe sexual offenses.

The offense is defined as the commission of lascivious acts under circumstances that would constitute rape if consummated, such as through force, threat, intimidation, or when the victim is deprived of reason or unconscious. Lascivious acts include touching, fondling, or any form of sexual molestation that outrages the victim's modesty. The penalty under Article 336 is prision correccional (imprisonment from 6 months and 1 day to 6 years), but this can be elevated if the victim is a minor or if aggravating circumstances are present.

An "attempted" act of lasciviousness falls under the general provisions on attempts in criminal law (Article 6 of the RPC). An attempt occurs when the offender commences the commission of the felony directly by overt acts but does not perform all the acts of execution due to causes independent of their will. For instance, if a perpetrator begins lewd actions but is interrupted by a third party or the victim's resistance, it may qualify as attempted acts of lasciviousness. The penalty for attempts is two degrees lower than the consummated offense, typically resulting in arresto mayor (imprisonment from 1 month and 1 day to 6 months) or a fine, depending on the circumstances.

This offense is particularly relevant in cases involving vulnerable groups, such as women, children, and members of the LGBTQ+ community, where power imbalances or coercion are common. The Philippine legal system emphasizes victim protection, and reporting such attempts is crucial not only for justice but also for preventing escalation to more serious crimes.

Legal Framework and Related Laws

The core provision is Article 336 of the RPC, but several laws intersect with it to provide a robust framework for addressing attempted acts of lasciviousness:

Revised Penal Code (Act No. 3815, as amended): Establishes the basic elements of the crime. Elements include: (1) an act of lasciviousness; (2) committed upon a person of either sex; (3) under circumstances akin to rape (e.g., force, intimidation); and (4) without consent. For attempts, the overt act must demonstrate clear intent toward lascivious conduct.
RA No. 8353 (Anti-Rape Law of 1997): Reclassified rape as a crime against persons and expanded definitions of sexual offenses. Acts of lasciviousness are often prosecuted alongside or in lieu of rape charges if penetration is absent. Attempts are covered under this umbrella.
RA No. 7610 (Child Protection Law): If the victim is under 18, the offense may be charged as child abuse, with harsher penalties (up to reclusion perpetua or life imprisonment in grave cases). Attempted lascivious acts on children are treated with utmost severity, and reporting is mandatory for certain professionals (e.g., teachers, doctors).
RA No. 9262 (Anti-Violence Against Women and Their Children Act of 2004): Covers acts of lasciviousness in intimate or family relationships, classifying them as psychological or sexual violence. Attempts can lead to issuance of protection orders.
RA No. 11313 (Safe Spaces Act or Bawal Bastos Law): Addresses gender-based sexual harassment in public spaces, workplaces, and online. Attempted lascivious acts in these contexts may fall under this law, with penalties including fines up to PHP 100,000 and imprisonment.
RA No. 10175 (Cybercrime Prevention Act of 2012): If the attempt involves online elements, such as cyberstalking leading to physical lascivious intent, it can be prosecuted as cybercrime.

Jurisprudence from the Supreme Court reinforces these laws. In cases like People v. Collado (G.R. No. 135667, 2001), the Court clarified that intent to satisfy lust is key, even in attempts. Moral damages and civil indemnity are often awarded to victims.

Elements of Attempted Acts of Lasciviousness

To establish an attempted act of lasciviousness, the prosecution must prove:

Overt Act: A direct step toward committing lascivious conduct, such as unwanted touching or exposure, that goes beyond mere preparation.
Intent: The offender's purpose must be lewd or sexual gratification.
Non-Consummation: The act was not completed due to external factors, not the offender's desistance.
Lack of Consent: The victim did not agree, often proven through force, threat, or vulnerability.

Evidence may include victim testimony, medical reports, witness statements, or CCTV footage. The "sweetheart defense" (claiming a romantic relationship) is rarely successful without strong proof.

Reporting Procedure: Step-by-Step Guide

Reporting attempted acts of lasciviousness is encouraged under Philippine law, with mechanisms designed to protect victims and ensure swift action. Delays in reporting do not invalidate claims, as trauma can cause hesitation.

1. Immediate Safety Measures

Ensure personal safety by leaving the scene and seeking help from trusted individuals.
Preserve evidence: Do not shower or change clothes if physical contact occurred; note details like time, place, and witnesses.

2. Barangay Level Intervention

Report to the nearest Barangay Hall or Lupong Tagapamayapa for conciliation, especially if the offender is known. Under the Katarungang Pambarangay Law (PD No. 1508), minor offenses can be settled amicably, but sexual crimes like this are exempt from mandatory conciliation if the victim objects.
Obtain a Barangay Protection Order (BPO) under RA 9262 if applicable, which restrains the offender for 15 days.

3. Police Reporting

File a complaint at the nearest Philippine National Police (PNP) station, preferably the Women and Children Protection Desk (WCPD). Provide a sworn statement (sinumpaang salaysay).
The police will conduct an initial investigation, gather evidence, and refer the case to the prosecutor's office.
For child victims, involve the Department of Social Welfare and Development (DSWD) immediately.

4. Medical and Psychological Support

Undergo a medico-legal examination at a government hospital or PNP crime lab to document injuries or trauma.
Access free counseling through DSWD or NGOs like the Philippine Commission on Women (PCW).

5. Prosecutorial Review

The case goes to the City or Provincial Prosecutor's Office for inquest (if arrested) or preliminary investigation.
If probable cause is found, an information is filed in court, leading to trial.

6. Court Proceedings

Trials are held in Regional Trial Courts (RTCs) or Family Courts for child-related cases.
Victims may request closed-door hearings for privacy.
Possible outcomes: Conviction with imprisonment/fines, acquittal, or settlement (though rare for sexual offenses).

Special Considerations for Vulnerable Victims

Minors: Mandatory reporting by guardians or professionals; cases handled by Family Courts with child-friendly procedures.
Persons with Disabilities: Accommodations like sign language interpreters.
Online Attempts: Report to PNP Anti-Cybercrime Group.

Rights of the Victim During Reporting and Trial

Victims are entitled to:

Privacy and confidentiality (RA No. 8505, Rape Victim Assistance Act).
Free legal aid from the Public Attorney's Office (PAO) or Integrated Bar of the Philippines (IBP).
Witness protection under RA No. 6981 if threats exist.
Compensation through the Victims Compensation Program (RA No. 7309).
No gender bias; the law applies to all sexes.

Challenges in Reporting and Prosecution

Common hurdles include:

Victim-blaming and stigma, deterring reports.
Evidentiary issues in attempts, as physical proof may be minimal.
Delays in the justice system, with cases taking years.
Corruption or inefficiency in some law enforcement units.

To address these, advocacy groups like Gabriela and the Center for Women's Resources provide support and push for reforms.

Prevention and Societal Response

Preventing attempted acts of lasciviousness involves education on consent, gender equality, and bystander intervention. Schools implement modules under DepEd Order No. 32, s. 2017. Community programs by the Philippine Commission on Women promote awareness.

In conclusion, reporting attempted acts of lasciviousness empowers victims and upholds justice in the Philippines. Prompt action, supported by a strong legal framework, can deter offenders and foster a safer society. Victims are encouraged to seek help without fear, as the law stands firmly on their side.