Consented Abduction
On Criminal Law
Consented abduction
ART.343
Consented abduction. - The abduction of a virgin over twelve years and under eighteen years of age, carried out with her consent and with lewd designs, shall be punished by the penalty of prision correccional in its minimum and medium periods.
ELEMENTS:
1. That the offended party must be a virgin;
2. That she must be over 12 and under 18 years of age;
3. That the taking away of the offended party must be with her consent, after solicitation or cajolery from the offender; and
4. That the taking away of the offended party must be with lewd designs.
If the virgin is under 12 years of age, the crime committed is forcible abduction, even if the girl consented to the elopement.
If the virgin is under 12 or is deprived of reason, the crime is forcible abduction because such is incapable of giving a valid consent.
When there was no solicitation or cajolery and no deceit and the girl voluntarily went with the man, there is no crime committed even if they had sexual intercourse.
The abduction of the victim need not be with some character of permanence.
Virginity: not in a material sense as to exclude the idea of abduction of a virtuous woman of good reputation
It is sufficient that abductor was instrumental in escape of victim, need not be taken from her house
Requires solicitation or cajolery
What is the purpose of the law?
ELEMENTS:
1. That the offended party must be a virgin;
2. That she must be over 12 and under 18 years of age;
3. That the taking away of the offended party must be with her consent, after solicitation or cajolery from the offender; and
4. That the taking away of the offended party must be with lewd designs.
If the virgin is under 12 years of age, the crime committed is forcible abduction, even if the girl consented to the elopement.
If the virgin is under 12 or is deprived of reason, the crime is forcible abduction because such is incapable of giving a valid consent.
When there was no solicitation or cajolery and no deceit and the girl voluntarily went with the man, there is no crime committed even if they had sexual intercourse.
The abduction of the victim need not be with some character of permanence.
Virginity: not in a material sense as to exclude the idea of abduction of a virtuous woman of good reputation
It is sufficient that abductor was instrumental in escape of victim, need not be taken from her house
Requires solicitation or cajolery
What is the purpose of the law?
- To prescribe punishment for the disgrace to her family and the alarm caused by the disappearance of one who is, by her age and sex, susceptible to cajolery and deceit.
Bar Exam Question (2002)
Rape; Consented Abduction (2002)
A with lewd designs took a 13-year old girl to a nipa hut in his farm and there had sexual intercourse with her. The girl did not offer any resistance because she was infatuated with the man, who was good-looking and belonged to a rich and prominent family in the town. What crime, if any, was committed by A? Why?
Suggested Answer:
A committed the crime of consented abduction under Article 343 of the Revised Penal Code, as amended. The said Article punishes the abduction of a virgin over 12 and under 18 years of age, carried out with her consent, and with lewd designs. Although the problem did not indicate the victim to be virgin, virginity should not be understood in its material sense, as to exclude a virtuous woman of good reputation, since the essence of the crime is not the injury to the woman but the outrage and alarm to her family (Valdepenas vs. People,16 SCRA 871 [1966]).
Alternative Answer:
A committed "Child Abuse" under Rep. Act No. 7610. As defined in said law, "child abuse" includes sexual abuse or any act which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being, whose age is below eighteen (18) years.
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