Simple Seduction
On Criminal Law
Simple Seduction
ART.338
ELEMENTS:
1. That the offended party is 16 and over but under 18 years of age; (RA 11648)
2. That she must be of good reputation, single or widow;
3. That the offender has sexual intercourse with her; and
4. That it is committed by means of deceit.
ELEMENTS:
1. That the offended party is 16 and over but under 18 years of age; (RA 11648)
2. That she must be of good reputation, single or widow;
3. That the offender has sexual intercourse with her; and
4. That it is committed by means of deceit.
What is the purpose of the law?
- To punish the seducer who by means of the promise of marriage destroys the chastity of an unmarried female of previous chaste character.
The virginity of the offended party is not required, a good reputation is sufficient.
Deceit generally takes the form of an unfulfilled promise to marry.
The promise of marriage by a married man, whom the victim knew to be married, is not deceitful.
The promise of marriage after sexual intercourse is not deceit.
No continuing offense of seduction
A man may be willing and ready to marry the girl but simple seduction is still committed when a man knows that the offended party cannot legally consent to marriage.
What about unfulfilled promises of material things, as when the woman agrees to sexual intercourse in exchange for jewelry?
- This is not seduction because she is a woman of loose
morals.
The promise of marriage by a married man is not a deceit if the woman knows him to be married.
morals.
The promise of marriage by a married man is not a deceit if the woman knows him to be married.
Bigwas
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