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 but under 18.
3. That the taking away of the offended party
must be with her consent after solicitation or cajolery from the offender.
4. That
the taking away of the offended party must be with lewd designs.
Forcible abduction if under 12 years old
• If
virgin is under 12, it is forcible abduction
•
The taking away of the girl in consented abduction need not be with some
character of permanence.
• “No matter how short is the taking away, the
crime exists.”
•
The abductor need not actually and personally have taken the abducted female
from her parent’s home, or induced her to abandon it. It is sufficient that he
was instrumental in her escape.
• Consent
of the minor to being taken away may be due to honeyed promises of marriage by
the offender.
• 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
•
Article 343 of the RPC contemplates that the accused be an active physical
agency instrumental in causing the female to leave or abandon her house. Where
the female voluntarily leaves her home and subsequently is taken by the accused
to a particular place for a prohibited purpose, of where the female on her own
volition goes to the home of the accused, who may be under moral duty to send
her away, he does not come within the prescription of the law by permitting her
to stay.
• The
taking away must be with lewd designs
•
Actual sexual intercourse with the abducted girl is not necessary.
•
The intention to marry may show lewd designs as when the offender knows of
should know that the minor cannot legally consent to the marriage.
Purpose
of the law in punishing the crime of consented abduction
•
To prescribe punishment for the disgrace to her family and the alarm caused
therein by the disappearance of the one who is, by her age and sex, susceptible
to cajolery and deceit.
Consented
abduction with rape
Where a 15 year old girl was induced to leave her home and later forcibly violated by the four accused (People vs. Amante, 49 Phil 679)
Where a 15 year old girl was induced to leave her home and later forcibly violated by the four accused (People vs. Amante, 49 Phil 679)
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