I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
We're through with the definition already. This is one of the most important parts of RA 7610 and everybody ought to be aware of this, especially parents and teachers. We have to protect our children.
Sexual exploitation under RA 7610 isn't limited to sexual abuse and prostitution. It also covers publication as well as shows.
Child Prostitution and Other Sexual Abuse
This happens when children, regardless of gender, indulge in sexual intercourse or lascivious conduct either for money, profit or other considerations or because of the coercion or influence of any adult, syndicate or group. "Influence" includes moral ascendancy. The elements of child prostitution and other sexual abuse are the following and must be proven by the prosecution -parents, take note of this.:
1.) The accused commits sexual intercourse or lascivious conduct
2.) The act in question is performed with a child who is exploited in prostitution or subjected to other sexual abuses (see the description above)
3.) The child, regardless of gender, is 18 years old (or younger)
The penalty for child prosititution is reclusion temporal medium to reclusion perpetua. It will also apply to those who have sexual intercourse with children or commit acts of lasciviousness against them. This will also be the same penalty for those who profit or derive advantages from child prostitution and includes the owner of the establishment where the prostitution takes place or a sauna, disco, bar, resort or place of entertainment or establishment that serves as a cover for child prostitution or engages in it to make extra money from ways other than its legitimate operations.
Engaging in, promoting, facilitating or inducing child prostitution will include (but isn't limited to) the following:
1.) Acting as a procurer of a child prostitute
2.) Inducing a person to be a client of a child prostitute through written/oral advertisements or similar means
3.) Taking advantage of influence or relationship to procure a child as a prostitute
4.) Threatening a child to engage in prostitution, or using violence on him/her for the same purpose
5.) Giving money, goods or other pecuniary benefits to a child in order to engage him/her in prostitution
If the child is below 12 years old, the accused will be charged with statutory rape (Art. 335, par 3, Revised Penal Code) if it was sexual intercourse, or Art 336 of the Revised Penal Code for acts of lasciviousness.
Attempt to Commit Child Prostitution
An attempt to commit child prostitution happens when any person who isn't related to a child is found with that child in a room or cubicle of a house, inn, hotel, motel, pension house, apartelle or similar establishment, or in a vessel or vehicle, or in a hidden/secluded area that would lead a reasonable person to believe that the child in question is about to be exploited in prostitution or other forms of sexual abuse.
It also happens if the accused is receiving "services" in a sauna, massage clinic, health club or similar establishment.
The penalty for attempted child prostitution is 2 degrees lower than the above-mentioned consummated felony.
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