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Wednesday, September 5, 2012

What is the difference between Consented Abduction and Qualified Seduction?

An examination of the elements of these two crimes would show that although they may have arisen from the same set of facts, they are not Identical offenses as would make applicable the rule on double jeopardy.

There are similar elements between Consented Abduction and Qualified Seduction, namely: (1) that the offended party is a virgin, and, (2) that she must be over twelve (12) and under eighteen (18) years of age. However, two elements differentiate the two crimes. Consented Abduction, in addition to the two common elements, requires that: (1) the taking away of the offended party must be with her consent, after solicitation or cajolery from the offender, and, (2) the taking away of the offended party must be with lewd designs. On the other hand, an information for Qualified Seduction also requires that: (1) the crime be committed by abuse of authority, confidence or relationship, and, (2) the offender has sexual intercourse with the woman.

Moreover, the very nature of these two offenses would negate any Identity between them. The gravamen of the offense of the abduction of a woman with her own consent, who is still under the control of her parents or guardians is "the alarm and perturbance to the parents and family" of the abducted person, and the infringement of the rights of the parent or guardian. But-in cases of seduction, the gravamen of the offense is the wrong done to the young woman who is seduced.

Sources:               G.R. No. L-80838, November 29, 1988, ELEUTERIO C. PEREZ vs. CA
                                U.S. v. Jayme, 24 Phil. 90, 94 (1913).

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