Acts of Lasciviousness with the Consent of the Offended Party

Art. 339.  Acts of lasciviousness with the consent of the offended party. — The penalty of arresto mayor shall be imposed to punish any other acts of lasciviousness committed by the same persons and the same circumstances as those provided in Articles 337 and 338.  

Elements

1.  That the offender commits acts of lasciviousness or lewdness

2.  That the acts are committed upon a woman who is a virgin or single or widow of good reputation, over 12 but under 18, or a sister or a descendant regardless of her reputation or age

3.  That the offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit

Offended party

•  Male cannot be the offended party in this crime because unlike Article 336, Article 339 does not mention “persons of wither sex” as the offended party.

“Committed by the same persons and under the same circumstances as those provided in Articles 337 and 338.”

•  In order that the crime of acts of lasciviousness with the consent of the offended party may be committed, it is necessary that the crime is committed under the circumstances which would make it qualified or simple seduction had there been sexual intercourse, instead of acts of lewdness only.

“With the consent of the offended party”

•  The offended woman may have consented to the acts of lasciviousness being performed by the offender on her person, but the consent is obtained by abuse of authority, confidence, relationship or by means of deceit.

Article 336 and 339, compared

•  Both treat of acts of lasciviousness.

•  Under Article 336, the acts are committed under circumstances which, had there been carnal knowledge, would amount to rape.

•  Under Article 339, the acts of lasciviousness are committed under the circumstances which had there been carnal knowledge, would amount to either qualified seduction or simple seduction. There may be consent, but there is either abuse of authority, confidence or relationship, or deceit.

Penalty when victim is under 12

•  One degree higher than that imposed by law when the victim is under 12 years of age (Sec. 10, RA No. 7610)