Art. 245 Revised Penal Code - ABUSES AGAINST CHASTITY

Category: Book 2- Crimes and Penalties

Art. 245. ABUSES AGAINST CHASTITY

A. Introduction. This is different from Crimes Against Chastity which are private crimes and require a complaint to be prosecuted.

There are three situations when the crime is committed and in all three a woman is the victim.

B. First:  by soliciting or making immoral advances to a woman interested in matters pending before the public officer, or with respect to which he is required to submit a report to or consult with a superior

1. The offender is any public officer including a female officer

2. To solicit is to demand, suggest, proposed or ask for sexual favors. It must be characterized by earnestness and persistence, not just a casual remark even if improper. Mere solicitation consumates the crime even if the solicitation or advances had been rejected.

3. If as a consequence the officer succeeds in committing an immoral act, the same is a separate offense

D. Second:  The solicitation is upon a woman prisoner

1.     The offender is any person who is directly charged with the care and custody of prisoners, or persons under arrest such as Jail Guards and law enforcers who have arrested a woman who has not yet been turned over to the jail. Female guards and law enforcers are included

2.     If the woman succumbs or consented the jailer is liable

E. Third: Upon a female relative who is the sister, daughter or relative by affinity in the same line of a prisoner. Note the mother is not included. 

QUESTION: what are the crimes or offenses involving jail guards?

ANSWER: They are the following:

1. Delay in the Release of Detained Persons Under Article 125

2. Infidelity in the Custody of Prisoners under Articles 223 and 224

3. Maltreatment of Prisoners Under Article 235

4. Abuses against Chastity under Article 245

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R.A. 7877: The Anti Sexual Harassment Act

A. General concept: Sexual harassment is the act of a person:

1. Having authority, influence or moral ascendancy over another

2. In a work or training or education environment

3. Demands, requests or otherwise requires any sexual favor from another

4. As a condition to giving a benefit or doing some favor to the victim regardless whether the demand is accepted

B. Kinds

1. In a work related or employment environment:

a). As a condition in the (i) hiring, employment, re-employment of the victim (ii) for granting favorable terms or compensations, or as condition for promotion or grant of privileges (iii) if the refusal results in limitations, segregating or classifying the employee which would discriminate, deprive or diminish employment opportunities

b). Would impair the employee’s right or privileges under existing labor laws

c). Would result in an intimidating, hostile or offensive environment

2. Education or

3. Training environment

a). Victim is under the care, custody or supervision of the offender, or one whose education or training or apprenticeship is entrusted to the offender (such as coaches of sports teams)

b). The demand is a condition to giving of a passing grade, granting of scholarships, payment of a stipend, allowance or other benefit

c). or results to an intimidating or hostile or offensive environment for the student, trainee or apprentice