Decision
-9-
G.R. No. 227363
lies between such conduct and the amorous advances of an
ardent lover. 18
When R.A. No. 7610 or The Special Protection of Children Against
Abuse, Exploitation and Discrimination Act took effect on June 17, 1992 and
its Implementing Rules and Regulation was promulgated in October 1993,
the term "lascivious conduct" was given a specific definition. The Rules and
Regulations Of! the Reporting and Investigation of Child Abuse Cases states
that "lascivious conduct means the intentional touching, either directly or
through clothing, of the genitalia,: anus, groin, breast, inner thigh, or
buttocks, or the introduction of any object into the genitalia, anus or mouth,
of any person, whether of the same or opposite sex, with an intent to abuse,
humiliate, harass, degrade, or arouse or gratify the sexual desire of any
person, bestiality, masturbation, lascivious exhibition of the genitals or pubic
area of a person."
Upon the effectivity of R.A. No. 8353, specific forms of acts of
lasciviousness were no longer punished under Article 336 of the RPC, but
were transferred as a separate crime of "sexual assaul_t" under paragraph 2,
Article 266-A of the RPC. Committed by "inserting penis into another
person's mouth or anal orifice, or any instrument or object, into the genital
or anal orifice of another person" against the victim's will, "sexual assault"
has also been called "gender-free rape" or "object rape." However, the term
"rape by sexual assault" is a misnomer, as it goes against the traditional
concept of rape, which is carnal knowledge of a woman without her consent
or against her will. In contrast to sexual assault which is a broader term that
includes acts that gratify sexual desire (such as cunnilingus, felatio, sodomy
or even rape), the classic rape is particular and its commission involves only
the reproductive organs of a woman and a man. Compared to sexual assault,
rape is severely penalized because it may lead to unwanted procreation; or to
paraphrase the words of the legislators, it will put an outsider into the
woman who would bear a child, or to the family, if she is married. 19 The
dichotomy between rape and sexual assault · can be gathered from the
deliberation of the House of Representatives on the Bill entitled "An Act To
Amend Article 335 _of the Revised Penal Code, as amended, and Defining
and Penalizing the Crime of Sexual Assault":
INTERPELLATION OF MR. [ERASMO B.] DAMASING:
xx xx
Pointing out his other concerns on the measure, specifically
regarding the proposed amendment to the Revised Penal Code making
18
Id. at 756. (Emphasis added).
See Records of the Bicameral Conference Committee on the Disagreeing Provisions of Senate Bill
No. 950 and House Bill No. 6265 dated February 19, 1997.
19
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