Elements of lascivious conduct against minors
Dear PAO,My nephew, who is a 15-year-old boy, came to me last night. He was distressed by what had happened to him. He narrated that a man pulled down his shorts and underwear and began putting the penis of my nephew in his mouth. Luckily, my nephew was able to forcibly open the car door and run home, though he was traumatized. I wanted to know if what happened was rape.
' In this situation, your nephew cannot pursue the filing of a complaint for Rape by Sexual Assault as it was not the man who inserted his penis into the mouth of your nephew but the other way around. Nonetheless, the man may be charged for Lascivious Conduct under Section 5 of RA 7610, otherwise known as the 'Special Protection of Children Against Abuse, Exploitation and Discrimination Act.'In People v.
Of Lascivious Conduct Against Minors
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