Trigger Warning: This article mentions sexual abus and rape.
Unfortunately, acts of lasciviousness have been at the forefront of mainstream headlines recently. High-profile cases like Sandro Muhlach's ongoing legal complaint involving independent GMA contractors Jojo Nones and Richard Cruz, along with Rita Daniela's complaint against co-actor Archie Alemania, have spotlighted these issues. However, while it may seem that this is an issue "only" in the entertainment industry, data says otherwise; it's a rampant concern and anyone can be a victim.
According to a 2024 Fact Sheet released by the Philippine Statistics Authority, acts of lasciviousness accounted for 1,923 reported cases in 2023. Separate data is recorded for cases of rape, sexual violence, and sexual harassment—each of which is distinct in the eyes of the law.
No one deserves to be violated. This is why education about legal rights and safety mechanisms are essential, so that if we ever find ourselves or others in such situations (and we hope we never do), we understand the protections and recourse available to us.
What The Law Says About Acts Of Lasciviousness
Sexual violations against an individual can take many forms, each with distinct elements under the law. Acts of lasciviousness are one such offense, carrying its own specific definitions and legal considerations.
According to the Revised Penal Code Article 336, acts of lasciviousness are defined as "illegally touching another person’s private parts with the intent of sexual gratification."
The law outlines several elements that can constitute acts of lasciviousness:
- Force, Intimidation, or Abuse of Authority: The law specifies that a lack of resistance from the victim does not negate the offense. This means that if an act is carried out through force, intimidation, or if the offender holds a position of power over the victim, it qualifies as an act of lasciviousness regardless of the victim's reaction.
- Lewd Intent: This refers to a desire to arouse or satisfy sexual passion or desire. Common acts under this include inappropriate touching or fondling without consent.
- Lack of Consent: The victim must not have given consent to the lascivious acts. Any act performed without the victim's consent is considered unlawful under this provision.
ICYDK, acts of lasciviousness is not rape. Although both violate a person's well-being, rape by sexual assault specifically involves penetration or "insertion of a penis into another person's mouth or anal orifice, or inserting any object into the genital or oral orifice of another person."
In contrast, Supreme Court ruled that acts of lasciviousness involve:
- Mashing or squeezing breasts (G.R. No. 246702)
- Rubbing, touching, or fondling intimate parts without consent (G.R. No. 249131)
- Kissing against victim's will (G.R. No. 252791)
- Any act that demonstrates lewd intent without intercourse (G.R. No. 214497)
What Are The Penalties For Acts Of Lasciviousness
Penalties against acts of lasciviousness vary for the elements of the case filed.
1. Acts Of Lasciviousness (Article 336, Revised Penal Code) Basic Penalty:
- Prision correccional (6 months and 1 day to 6 years)
2. Lascivious Conduct Under RA 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act)
When victim is a minor or below 18 years old:
- Primary Penalties (Based on G.R. No. 228980):
- Minimum: 14 years and 8 months of reclusion temporal
- Maximum: 20 years of reclusion temporal
- Monetary Penalties:
- Civil Indemnity: PHP 50,000
- Moral Damages: PHP 50,000
- Exemplary Damages: PHP 50,000
- Legal Interest: 6% per annum from decision finality until full payment
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Note: If the contents of this article resonate with you or someone you know, it is highly encouraged to immediately report the incident and pursue a legal complaint. The Philippine legal system offers pathways to hold perpetrators accountable, including filing criminal charges for acts of lasciviousness, among others. Consulting a legal expert is encouraged to ensure you are guided through the appropriate steps to seek justice and take necessary legal action.
