TRANS # 8 LEGAL MEDICINE

VAWC & PREGNANCY Dr. Esperanza R. Lahoz

SUBJECT
October 27, 2020

VIOLENCE AGAINST WOMEN AND CHILDREN Intimidation Sexual Harassment

Harassment Stalking
RA 9262 VIOLENCE AGAINST WOMEN AND CHILDREN
Damage to property Public Ridicule or
(2004)
Humiliation (includes name
“Violence against women and their children” refers to any
calling children)
act or a series of acts committed by any person against a
Marital infidelity
woman who is his wife, former wife, or against a woman with
Repeated verbal abuse Prostituting the woman or
whom the person has or had a sexual or dating relationship,
child
or with whom he has a common child, or against her child
whether legitimate or illegitimate, within or without the family Witness the physical, Witness pornography in
abode, which result in or is likely to result in physical, sexual, sexual or psychological any form
psychological harm or suffering, or economic abuse abuse of a member of the
including threats of such acts, battery, assault, coercion, family
harassment or arbitrary deprivation of liberty. It includes, but Witness abusive to pets Unlawful or unwanted
is not limited to, the following acts: especially to children deprivation of the right to
custody &/or visitation of
Note: Public Crime/Confidential common children

DEFINITION:
• Against a woman- wife, former wife, Dating/Sexual 4. Economic abuse - make or attempt to make a woman
Relationship financially dependent.
• Against a child- legitimate or Illegitimate, within or Withdrawal of financial Deprivation or threat of
without abode support preventing the deprivation of financial
victim from engaging in any resources and the right to
• Resulting in→
legitimate profession, the use and enjoyment of
1. Physical Violence (most common)
occupation, business or the conjugal. Community
2. Sexual Violence
activity or property owned in
3. Psychological Violence
common
4. Economic Abuse
Destroying household Controlling the victim’s
Chat box: Other forms of VAWC property money or properties or
solely controlling the
1. Physical Violence- Bodily or Physical Harm (covers conjugal money or
physical injuries) properties
2. Sexual violence – does not consist only of rape. A wife
can even say NO to a husband. Rape can also be charged Chat box: When a man and a women gets married, must a
when sexual aggression was used by the husband to his wife carry the family name of the husband?
wife.
Answer: Based on the family code, the wife MAY
Rape Sexual Harassment (meaning it’s not automatic) carry the family name of the
husband. The wife has the option to retain her family name
Acts of Lasciviousness Treating a woman/child as
or carry his husband’s.
sex object
Making Demeaning and Physically attacking sexual
SPECIFIC ACTS
sexually aggressive parts of the victim’s body
Inflicting or threat to inflict physical harm for purpose of
suggestive remarks
controlling her actions or decisions
Forcing her/him to watch Prostituting the woman or
obscene publication and child Causing or attempting to cause the woman/child to
indecent shows engage in sexual activity by force of threat of force,
Acts causing or attempting to cause the victim to engage physical harm or through intimidation
in any sexual activity by force, threat of force, physical or Engaging in purposeful, knowing or reckless
other harm or threat of physical or other harm or coercion conduct→substantial psychological distress
Examples: Stalking
3. Psychological violence- Acts or omissions causing Peering in the window or
mental or emotional suffering of the victim such as but not lingering outside
limited to: the residence
Entering or remaining in
the dwelling or on
property
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Destroying the property Most of the time, battered wives are dependent with their
and personal husbands. They usually just tolerate their husbands.
belongings or inflicting
harm to pets of WHAT ARE THE ELEMENTS OF SELF-DEFENSE?
woman/child 1. Unlawful aggression
Engaging in any form of 2. Reasonable means employed to prevent or repel it
sexual harassment (mostly misunderstood element of self-defense)
Causing physical harm to the woman or her child 3. Lack of sufficient provocation on the part of the person
Threatening to cause the woman or her child physical defending himself
harm
Attempting to cause the woman or her child physical SECTION 8. PROTECTION ORDERS – a protection order
harm is an order issued under this act for the purpose of
Placing the woman or her child in fear of imminent preventing further acts of violence against a woman or her
physical exam child specified in section 5 of this act and granting other
Controlling or restricting the woman’s or her child’s necessary relief. The relief granted under a protection order
movement: serve the purpose of safeguarding the victim from further
Examples: Threat to deprive or actual harm, minimizing any disruption in the victims daily life,
deprivation of woman or facilitating the opportunity and ability of the victim to
her child custody or access independently regain control over her life. The provision of
to her/his family the protection order shall be enforced by law enforcement
Deprivation or threat to agencies. The protection orders that may be issued under
deprive of financial support this act are the barangay protection order (BPO),
of insufficient financial temporary protection order (TPO) and permanent
support protection order (PPO). The protection orders that may be
issued under this act shall include any, some or all of the
Threat or deprive
following reliefs:
women/child legal right
Prevent the women from
Physicians’ role – if patients experienced VAWC, physicians
engaging in a legitimate
may report the case and request for Protection Orders
profession, occupation or
controlling’s victims own
SECTION 9: WHO MAY FILE PETITION FOR
money or property or solely
PROTECTION ORDERS – a petition for protection order
controlling conjugal money
may be filed by any of the following:
or property
a) The offended party;
Mental or Emotional Anguish, public ridicule or b) Parents or guardian of the offended party;
humiliation to woman/child c) Ascendants, descendants or collateral relatives
Examples: Repeated verbal and within the fourth civil degree of consanguinity or
emotional abuse affinity;
Denial of financial support d) Officers or social workers of the DSWD or social
Denial of custody of minor workers of local government unit (LGU);
children e) Police officers, preferably those in charge of women
Denial of access to the and childrens desks;
woman’s child/children f) Punong barangay or barangay kagawad;
g) Lawyer, counsellor, therapist or healthcare
WHAT IF THE FEMALE VICTIM COMMITS VIOLENCE provider of the petitioner;
AGAINST HER PARTNER? h) At least two (2) concerned responsible citizens of
the city or municipality where the violence against
SELF-DEFENSE? – BATTTERED WIFE SYNDROME women and their children occurred and who has
Woman may not be held liable in such crime whether personal knowledge of the offense committed.
inflicting physical injuries or killing the husband
Before 1997, the crime of rape was a private crime, only the
BATTERED WIFE SYNDROME (BWS) rape victim can file a case or report the rapist. Also, rape is
- Psychological and behavioural symptoms found in women limited only to sexual intercourse.
living in battering relationships as a result of cumulative
abuse. After 1997 (RA 8353), the crime of rape became a public
- Should be diagnosed by psychiatrist or clinical crime, rape can be reported by anyone and not only by the
psychologist. victims themselves. Definition of rape was expanded
including non-sexual intercourse related assaults.

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2. When the victim is under the custody of the

police or military authorities or any law
Republic Act No. 8353 September 30, 1997 enforcement or penal institution;
An act expanding the definition of the crime of rape, 3. When the rape is committed in full view of the
reclassifying the same as a crime against persons, spouse, parent, or any children or other relatives
amending for the Purpose Act No. 8315, as amended, within the third civil degree of consanguinity;
otherwise known as The Revised Penal Code, and for other 4. When the victim is a religious engaged in
purposes. legitimate religious vocation or calling and is
Public Crime personally known to be such by the offender before
or at the time of the commission of the crime;
CARNAL KNOWLEDGE - an act of a man in having sexual 5. When the victim is a child below seven (7) years
bodily connection with a woman. There is carnal knowledge Old
if there is the slightest penetration in the sexual organ of the 6. When the offender knows that he is afflicted with
female by the sexual organ of the male. It is not necessary the Human Immuno-Deficiency Virus
that the vagina be entered or that the hymen be ruptured. (HIV)/Acquired Immune Deficiency Syndrome
*Sexual Intercourse (AIDS) or any other sexually transmissible disease
and the virus or disease is transmitted to the
RAPE (ANTIRAPE LAW R.A 8353 – 1997) victim;
1. RAPE is committed by a man who have carnal knowledge 7. When committed by any member of the Armed
of a woman under any of the following circumstances: Forces of the Philippines or para-military units
a. Through force, threat or intimidation thereof or the Philippine National Police or any law
b. The offender party is deprived of reason or enforcement agency or penal institution, when the
otherwise unconscious (example: if the girl was offender took advantage of his position to
intoxicated by drugs and/or alcohol) facilitate the commission of the crime;
c. By means of fraudulent machination or grave abuse 8. When by reason or on the occasion of rape, the
of authority victim has suffered permanent physical
d. When the offended party is under twelve years of mutilation or disability;
age or is demented, even though none of the 9. When the offender knew of the pregnancy of the
circumstances mentioned above be present offended party at the time of the commission of
2. By any person who, under any of the circumstances the crime; and
mentioned in paragraph 1 hereof, shall commit an act of 10. When the offender knew of the mental disability,
sexual assault by inserting his penis into another person’s emotional disorder and/or physical handicap of
mouth or anal orifice, or any instrument or object into the the offended party at the time of the commission of
genitalia or anal orifice of another person. the crime.

MAXIMUM PENALTY: (RECLUSION PERPETUA / LIFE “Article 266-C. Effect of Pardon. – means to avoid
SENTENCE) conviction from the criminal liability
• “Whenever the rape is committed with the use of a The subsequent valid marriage between the offended
deadly weapon or by two or more persons, the party shall extinguish the criminal action or the penalty
penalty shall be reclusion perpetua to death.” imposed. “In case it is the legal husband who is the
• “When by reason or on the occasion of the rape, the offender, the subsequent forgiveness by the wife as the
victim has become insane, the penalty shall become offended party shall extinguish the criminal action or the
reclusion perpetua to death. penalty: Provided, that the crime shall not be extinguished
• “When the rape is attempted and a homicide is or the penalty shall not be abated if the marriage is void ab
committed by reason or on the occasion thereof, the initio
penalty shall be reclusion perpetua to death.
• “When by reason or on the occasion of the rape, SUPREME COURT RULINGS
homicide is committed, the penalty shall be death. • Resistance is not an element of rape and the
• “The death penalty shall also be imposed if the crime absence is not tantamount to consent
of rape is committed whit any of the following • Not necessary to have resisted unto death or
aggravating/qualifying circumstances: sustained injuries
1. When the victim is under eighteen (18) years of • Failure to shout or offer tenuous resistance does
age and offender is parent, ascendant. Stepparent, not make voluntary the victims submission to the
guardian, relative by consanguinity of affinity criminal act
within the third civil degree, or the common law
spouse of the parent of the victim.

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Intimidation/Threat — Mind of the victim (Subjective) TIMING OF EXAMINATION:

• ASAP (Persistence of Data)
Example: A barangay captain was able to convince a • Clinical signs may fade (Bruises)
virgin or amateur prostitute to have a sexual relationship.
Initially the girl consent but changed her mind. The PLACE OF EXAMINATION
barangay captain pursued his sexual desire and force the • Victim may request presence of friend or relative
prostitute in having sex. In this case, the barangay captain • Suspect – Medical room of police station and may
can be charged with rape. have legal counsel
• Follow ethical guidelines on conduct of intimate
examinations (PRIVACY)
Chat box: Can a Prostitute or Sexual Worker charge • As much as possible, should be conducted by a
somebody with rape? female inspector
Answer: YES CONSENT
• Informed consent especially with use of
technologies or equipment (Colposcope) and
In cases of failure to offer resistance to the offender (no collection of samples
physical evidences, failure to shout or offer resistance, the
• Advise that confidentiality is not guaranteed - court
Supreme Court rules that RESISTANCE IS NOT AN
hearings
ELEMENT OF RAPE AND THE ABSENCE OF SUCH
• Photographs - inform patients
RESISTANCE IS NOT TANTAMOUNT TO CONSENT. It is
also only not necessary to have resistance unto death or • Can request to stop examination anytime
sustained injuries and failure to shout does not make the
victim’s submission to the criminal act. DETAILS OF ALLEGATION
• Source usually police officer; no need for victim to
The Supreme Court says that intimidation or threat is very repeat (3rd party information)
subjective. It depends on the mind of the victim and the • May be difficult for victim to describe sexual assault
Court stands also that it is rare for a woman to file the crime (penetration)
of rape against any offender because in Court, they may be • Ask direct questions sensitively
humiliated.
MEDICAL AND SEXUAL HISTORY
• Purpose:
DEFLORATION – laceration or rupture of hymen secondary o Identify behavior or medical conditions that
to sexual intercourse may cause the doctor to misinterpret
findings (menstruation)
Parts to be examined: o Medical problems that may attribute to the
1. Condition of Vulva sexual assault - bleeding, pain, discharge
2. Fourchette o If emergency contraception is being
3. Vaginal Canal considered
4. Hymen • Ask only relevant information
• General Condition • Should not ask the suspect about the alleged
• Original Shape incident or sexual history
• Laceration – Degree, Location, Duration,
Complications NATURE OF EXAMINATION
• General examination
Sexual Assault: o Document injuries
• Victim o Note any disease that may affect
• Suspect interpretation
Objective (No Partisanship) should not be biased • Anogenital examination
o Individualized
BASIC PRINCIPLES o If no detailed account of the incident - do
SEXUAL ASSAULT EXAMINATION (STARK) the examination

IMMEDIATE CARE: PHOTOGRAPHS/DOCUMENTATION

• Apparent medical needs (head Injury, serious • Preserve anonymity - proper labels
wounds, substance overdose, etc) • Locked; should not be released to non-medical
• Retain clothing or sanitary wear (Preserve) parties (media)

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BASIC PRINCIPLES FORENSIC EVIDENCES

FORENSIC ANALYSIS SKIN
• Nongenital skin
PREVENT CONTAMINATION • May have been licked, kissed, bitten, ejaculated on
• Between parties • Sampling of marks/injuries that could have direct
• DNA Contamination contact with assailant
o Avoid talking, coughing, sneezing over
unsheathed swabs (use face mask) HEAD: HEAD AND PUBIC
o Change gloves when sampling different • Foreign hair or particles
areas of the body • Drugs deposited in the hair - stays longer
• Chemical analysis, comparison microscopy,
COLLECTION OF SAMPLES DNA/Drugs analysis
• Swabs and containers
• Blood and urine (drugs and alcohol) NAILS
• Use sealed disposable instruments • Skin, body fluids, soil, fibers under the nails
• Use water instead of lubricants • (both victim and assailant)
• Preservation and labelling
ORAL CAVITY
Chat box: Why do you need to use water instead of • Fellatio
lubricant in inserting a Colposcope during Internal • Cunnilingus
Examination of the victim? • Anilingus

Answer: Because the suspect may have used FEMALE GENITALIA

condom and lubricants, presence of such is considered as • Carnal knowledge of a female by a male against
evidence to the crime. her will (non-consensual penetration)
• The genito-anal examination may be undertaken by
naked eye, or with the assistance of specialist
lighting, magnification or colposcopes.
• presence of any abnormalities or the absence of
any findings in the following anatomical sites:
thighs, buttocks and perineum; pubic area; pubic
hair; labia majora; labia minora; clitoris; posterior
fourchette; fossa navicularis; vestibule; hymen;
urethral opening; vagina and cervix.
• Anatomy
o Hymen – usually single opening
• Samples – spermatozoa, seminal fluid, blood
stains, lubricant
COLLECTION OF SAMPLES • Examination:
• Clothing - during and after the incident o Mons pubis and distribution of pubic hair
o Damage to clothing and body fluid stains (presence of plucked hair, shaved, cut or
o Identification of assailant dyed)
o Labelled: o Vulvar area – before insertion of
▪ Which items were worn during the equipment
offense o COLPOSCOPY
▪ Which items were removed and ▪ Toluidine blue – stains nuclei – to
not identify lacerations of keratinized
▪ Replaced squamous epithelium
▪ Which items were removed and (POSTERIOR FOURCHETTE) not
replaced grossly visualized
▪ Which new items were worn after o INJURIES
the offense ▪ External genitalia – CAUTION:
• Skin - presence of saliva (enzyme amylase) laceration may also be present in
• Saliva consensual acts
• Semen o HYMEN – complete transection in the
(Check copy of proforma used to relay relevant information lower margin provide confirmatory
to forensic scientist at the last page)

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evidence of previous penetration of the • Semen production- seminal fluid/spermatozoa

hymen. • Swab – saliva, DNA analysis for unwashed penis
o Post-pubertal females – penile penetration
without any hymenal deficit due to hymenal PERNIAL AREA AND ANAL CANAL (can also be used for
elasticity male victims)
o Dimensions of hymenal opening not • Buggery
conclusive for prior sexual intercourse • Presence of semen
unless with supportive evidence • Fissures, tears or lacerations
o HYMEN – OTHER CAUSES OF • Anal sphincter tone
LACERATIONS:
✓ Passage of blood during LUBRICANTS
menstruation • Condom may have been used
✓ Ulceration due to disease
• Swabs – vagina and penis
✓ Jumping or running
✓ Falling on hard and sharp object
It is important for any examining doctor to be aware of,
✓ Medical instrumentation
or to be able to distinguish, abnormalities caused by
✓ Local medication
medical conditions that may mimic, or be mimicked
✓ Self-scratching due to irritation
by injury after sexual contact.
✓ Masturbation
✓ Insertion of foreign bodies
✓ Previous operation
BLOOD AND URINE
o HYMEN – REPORT:
▪ General condition of hymen
Type of sample taken and what may identified by analysis
▪ Shape of the orifice
Sample type What may be identified by analysis
▪ Presence of laceration
Blood Presence and amount of alcohol and
➢ Incomplete vs complete vs
drugs; Identify DNA
compound
▪ Location of laceration (face of Urine Presence and amount of alcohol and
watch) drugs
▪ DURATION OF LACERATION Hair (head), cut Identify biological fluids (wet and dry);
➢ Fresh bleeding – recent and combed foreign material (e.g. vegetation,
➢ Healed with fibrin – after glass, fibres); comparison with other
24 hours hairs found on body; past history of
➢ Healed with congested drug use
edges with sharp coaptible Hair (pubic), Identify biological fluids (wet and dry);
edges – 4-10 days cut foreign material (e.g. vegetation,
➢ Healed with sharp and combed glass, fibres); comparison with other
coaptible borders without hairs found on body; past history of
congestion – 2-3 weeks drug use (prescribed; licit and illicit)
➢ Healed laceration with Buccal scrape DNA profiling
rounded non – coaptible Skin swabs (at Identify biological fluids (e.g. semen,
borders and retraction of sites of saliva – wet and dry); cellular
edges - > 1month contact) material; lubricant (e.g. KY, Vaseline)
o VAGINA – laceration may occur in Mouth swabs Identify semen
consensual acts; trauma including sudden Mouth rinse Identify semen
increase in the intra – abdominal pressure Vulval swab Identify biological fluids (e.g. semen,
(lifting of heavy object) saliva); foreign material (e.g. hairs,
▪ Foreign particles should be vegetation, fibres)
obtained Low vaginal Identify body fluids (e.g. semen,
o CERVIX swab saliva); foreign material (e.g. hairs,
vegetation, glass, fibres); identify
MALE GENITALIA biological fluids (e.g. semen, saliva);
• Ability to achieve penile erection – urologist is foreign material (e.g. hairs,
sought vegetation, fibres)
• For the male (suspect or complainant) the buttocks, High vaginal Body fluids (e.g. semen, saliva);
thighs, perineum, anus, perianal area, testes, swab foreign material (e.g. hairs,
scrotum and penis (including shaft, glans and vegetation, glass, fibres); identify
coronal sulcus) will be examined.

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biological fluids (e.g. semen, saliva);

foreign material (e.g. hairs,
vegetation, fibres)
Endocervical Identify biological fluids (e.g. semen)
swab
Penile swabs Identify biological fluids (eg. Semen)
(shaft, glans,
coronal sulcus)
Perianal Swabs Identify biological fluids (eg. Semen)
Anal Swabs Identify biological fluids (eg. Semen)
Rectal Swabs Identify biological fluids (eg. Semen)
Fingernail Identify foreign material (eg. Skin
swabs, cells), matching of broken nails
cuttings or
scraping
BODY OF EVIDENCE
How do you establish proof of rape? Several scientific tests
are used globally to solve such crimes:
1. Vaginal Swabs
• 3-4 swabs must be taken.
• Blood sample of accused can be used for matching
vaginal swabs in DNA test
2. Saliva Swabs
• Doctors can collect swabs from areas indicated by
the victim.
• Swabs to be moistened with distilled water before
collecting evidence
3. Clothes
• Must be collected for vital clues.
• If preserved properly after drying, they can hold
evidence of blood and semen stains for years
4. Blood Sample
• samples from both accused and victim must be
taken for blood grouping and DNA tests

CARE OF THE COMPLAINANT

1. Medical treatment
2. Shower/bath after medical exam
3. Should have access to telephone ( victims without
company during the crime and reporting of the crime)
4. Provide alternative accommodation if needed (victims
living with the assailant)
5. Risk of pregnancy
✓ Counseled
✓ Emergency contraception
✓ Prophylactic antibiotic
6. Risk of STD
✓ Hepatitis B
✓ HIV
✓ Prophylaxis
✓ Baseline serological tests for syphilis, HBV,
Hepatitis C and HIV4

7. Counseling to cope with recognized immediate and long-

term psychological sequelae of a sexual assault

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OTHER SEX CRIMES 1. Against one who is under the care, custody, or
1. Qualified Seduction - >12 years old, <18 years old supervision of the offender;
a. Ordinary qualified seduction 2. Against one whose education, training,
b. Incentuous qualified seduction apprenticeship or tutorship is entrusted to the
2. Simple Seduction - deceit as an element offender;
3. Acts of Lasciviousness - <12 years old 3. When the sexual favor is made a condition to the
4. Acts of Lasciviousness with Consent - >12 y/o, <18 giving of a passing grade, or the granting of honors
y/o and scholarships, or the payment of a stipend, or
5. Abduction allowance or other benefits, privileges, or
a. Forcible Abduction consideration; or
b. Consented Abduction 4. When the sexual advances result in an intimidating,
hostile, or offensive environment for the student,
Section 2 (h) of the Implementing Rules and trainee or apprentice
Regulations of Republic Act No. 7610, to which:
Any person who directs or induces another to commit any
LASCIVIOUS CONDUCT - means the intentional touching, act of sexual harassment as herein defined, or who
either directly or through clothing, of the genitalia, anus, cooperates in the commission thereby of another without
groin, breast, inner thigh, or buttocks, or the introduction of which it would not have been committed, shall also be held
any object into the genitalia, anus or mouth, of any person, liable under this Act.
whether of the same of opposite sex, with an intent to
abuse, humiliate, harass, degrade or gratify the sexual On the other hand, under Article 336 of the Revised
desire of any person, bestiality, masturbation, lascivious Penal Code, acts of lasciviousness is committed if:
exhibition of the genitals or public area of a person 1. The accused commits the act of sexual intercourse
or lascivious conduct.
LASCIVIOUSNESS - the act of making a physical contact 2. The said act is performed with a child exploited in
with the body of another person for the purpose of obtaining prostitution or subjected to sexual abuse.
sexual gratification other than, or without intention of, 3. The child, whether male or female, is below 18
sexual intercourse years of age.

SEDUCTION - act by which a man entices a woman to have ELEMENTS OF ACTS OF LASCIVIOUSNESS
unlawful sexual relations with him by means of persuasions, 1. That the offender commits any acts of
solicitations, promises, or bribes without the use of physical lasciviousness or lewdness.
force or violence 2. That it is done under any of the following
circumstances:
THE DIFFERENCE BETWEEN SEXUAL HARASSMENT a. by using force or intimidation, or
AND ACTS OF LASCIVIOUSNESS b. when the offended party is deprived of
reason or otherwise unconscious, or
According to Republic Act 7877, sexual harassment is c. when the offended party is under 12 years
committed if: of age
1. The sexual favor is made as a condition in the 3. That the offended party is another person of either
hiring or in the employment, re-employment or sex
continued employment of said individual, or in
granting said individual favorable compensation, ELEMENTS OF QUALIFIED SEDUCTION OF A VIRGIN
terms of condition, promotions, or privileges; or the 1. That the offended party is a virgin, which is
refusal to grant the sexual favor results in limiting, (presumed if she is unmarried and of good
segregating or classifying he employee which in reputation)
any way would discriminate, deprive or diminish 2. That she must be over 12 and under 18 years of
employment opportunities or otherwise adversely age
affect said employee; 3. That the offender has sexual intercourse with her
2. The above acts would impair the employee’s 4. That there is abuse of authority, confidence or
rights or privileges under existing labor laws; or relationship on the part of the offender (person
3. The above acts would result in an intimidating, entrusted with education or custody of victim;
hostile, or offensive environments for the person in public authority, priest; servant)
employees.
ELEMENTS OF ACTS OF LASCIVIOUSNESS WITH THE
b. in an education or training environment, sexual CONSENT OF THE OFFENDED PARTY:
harassment is committed: 1. That the offender commits acts of lasciviousness or
lewdness.

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2. That the acts are committed upon a woman who is 1. That the offended party must be a virgin
virgin or single or widow of good reputation, under 2. That she must be over 12 and under 18 years of
18 years of age but over 12 years, or a sister or age
descendant regardless of her reputation or age. 3. That the taking away of the offended party must be
3. That the offender accomplishes the acts by abuse with her consent, after solicitation or cajolery
of authority, confidence, relationship, or deceit from the offender (“pambobola”)
4. That the taking away of the offended party must be
TWO CLASSES OF QUALIFIED SEDUCTION with lewd designs (offender has a plan for the
1. Seduction of a virgin over 12 and under 18 years abduction)
of age by certain persons, such as a person in
authority, priest, teachers, etc and
2. Seduction of a sister by her brother or descendant PREGNANCY AND DELIVERY
by her ascendant, regardless of her age or
reputation (incestous seduction) PREGNANCY
• State of a woman who has within her body the
Persons liable: (QUALIFIED) growing product of CONCEPTION or a
Those who abuse their authority: FECUNDATED GERM.
1. Persons in public authority (abuse of confidence • FERTILIZED EGG→ termination /delivery
and/or relationship) • Average duration: 270-280 DAYS
2. Guardian
3. Teacher LEGAL IMPORTANCE OF PREGNANCY
4. Person who, in any capacity, is entrusted with the • Ground for suspension or execution of death (if
education of custody of the woman seduced death penalty is existing)
• Conceived child is capable of receiving donation
Those who abused the confidence reposed in them: • Conceived child may exercise CIVIL RIGHTS
1. Priest • Concealment of pregnancy at time of marriage is a
2. House servant ground for annulment of marriage (pregnancy with
3. Domestic other man other than the husband)
Those who abused their relationship: DELIVERY
1. Brother who seduced his sister
• Process by which a woman gives birth to her
2. Ascendant who seduced his descendant
offspring.
ELEMENTS OF SIMPLE SEDUCTION
LEGAL IMPORTANCE OF DELIVERY
1. That the offended party is over 12 and under 18
• Legitimacy
years of age
2. That she must be of good reputation, single or • Abortion
widow • Infanticide
3. That the offender has sexual intercourse with her • Concealment of birth
4. That it is committed by means of deceit • In slander and libel

Note: common form is unconditional promise to marry ABORTION, BIRTH, INFANTICIDE

ABORTION:
ELEMENTS OF FORCIBLE ABDUCTION • Expulsion of contents of a gravid uterus anytime
1. That the person abducted is any woman, before full term or the forcible expulsion of the
regardless of her age, civil status, or reputation product of conception any time before the age of
2. That the abduction is against her will viability.
3. That the abduction is with lewd design (there is a
reason for such abduction, e.g. rape) WHAT IS ABORTION?
• The artificial or spontaneous termination of a
Note: Sexual intercourse is NOT necessary pregnancy before the embryo or foetus can survive
on its own outside a woman’s uterus.
Crimes against chastity where age and reputation of
victim are immaterial: rape, acts of lasciviousness, PRINCIPAL ELEMENTS OF THE CRIME OF ABORTION
qualifies seduction of sister/descendant, forcible 1. The expulsion of the product of conception is
abduction induced.
2. That the fetus dies either as a direct effect of the
ELEMENTS OF CONSENTED ABDUCTION violence used, drug administered or the fetus was
expelled before the term of its viability
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Chat Box: RH Bill took many years to be enacted. Based

ELEMENTS OF INTENTIONAL ABORTION on the definition of abortifacients, what about the family
1. That the woman is pregnant. planning methods? Are these considered as abortificients?
2. That the violence is applied, or drugs or beverages E.g. Pill, condoms, diaphragms, injectables.
administered, or that the accused otherwise acts
upon such pregnant woman; Answer: Controversy remains on the definition of
3. As a result of the use of violence, drugs or “life”. Anti-RH Law believes that even an unfertilized ova is
beverages upon her, or any other act of the already the start of life. But with the definition here, life starts
accused, the fetus dies, either in the womb or after when fertilization occurs.
having been expelled therefrom;
4. That the offender has the intention to abort the
pregnant woman. • Misoprostol (Cytotec) – Anti-peptic ulcer drug with
side effects of abortion. Banned here in Ph.
ABORTIFACIENT refers to any drug or device that induces
abortion or the destruction of a fetus inside the mother’s • Another controversy is whether “abortion” is legal
womb or the prevention of the fertilized ovum to reach and here in the Philippines.
be implanted in the mother’s womb upon determination of
the FDA. No exception
Some legal experts contend that a provision in the
Constitution— “equally protect the life of the mother”—
REPUBLIC ACT NO. 10354 allows therapeutic abortion or intentionally terminating a
An act providing for a national policy on responsible pregnancy for medical reasons, especially when the life or
parenthood and reproductive health health of the mother is at stake.
In practice, however, many doctors are not willing to risk
THE ELEMENTS OF THE RH LAW doing it since there is nothing definite in the existing law nor
1. Family planning information and services; is there any policy or regulation that justifies such an
2. Maternal, infant and child health and nutrition, exception. (Estelle: Bioethics)
including breast feeding;
3. Proscription of abortion and management of post- Therapeutic abortion, or the medical procedure that
abortion complications; terminates pregnancy to be able to save the life of a woman,
4. Adolescent and youth reproductive health guidance is allowed in the Philippines, according to a women’s health
and counseling; group.
5. Prevention and management of reproductive tract
infections (RTIs), HIV/AIDS and sexually Case: Breast CA patient who is pregnant and needs
transmittable infections (STIs); chemotherapy and radiation therapy. Will you proceed with
6. Elimination of violence against women and children the treatment despite the their abortive effects?
and other forms of sexual and gender-based
violence; Among the female ailments or medical conditions for which
7. Education and counselling on sexuality and abortion may be conducted are dwarfism, hypertensive
reproductive health; disorders, tuberculosis, diabetes, bronchial asthma, goiter,
8. Treatment of breast and reproductive tract cancers HIV, malaria, severe anemia and malnutrition. These are
and other gynecologic conditions and disorders; illnesses that are more difficult to prevent among poor, rural
9. Male responsibility and involvement and men’s RH; and young women, Padilla said.
10. Prevention, treatment and management of infertility
and sexual dysfunction;
11. RH education for the adolescents; and Chat Box: All fetuses expelled alive are considered born?
12. Mental health aspect of reproductive health care. True of False.

RH BILL SECTION 3: Answer: Considered “born” if born alive however,

(j) While this Act recognizes that abortion is illegal and if the fetus is less than 7 months and dies within 24 hours,
punishable by law, the government shall ensure that all fetus is not considered born. Fetal death certificate should
women needing care for post-abortive complications and all be used.
other complications arising from pregnancy, labor and
delivery and related issues shall be treated and counseled
in a humane, nonjudgmental and compassionate manner in LEGAL IMPORTANCE OF BIRTH
accordance with law and medical ethics; 1. Determines personality
2. Appearance of a child is a ground for the revocation
of donation

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3. Proof of live-birth must first be shown before death 1. Up to the twentieth week, the length of the fetus in
of the child by prosecution in the case of infanticide centimeters is the square of the age in months
(Haase’s rule);
INFANTICIDE 2. After the twentieth week, the length of the fetus in
• Killing of a child less than 3 days old centimeters equals five times the age in months

ESTIMATION OF FETAL MATURITY

Chat Box: In the crime of infanticide, must the baby be 4 weeks 1.25 cm, showing limb
related with defendant? buds, enveloped in villous
chorion
Answer: NO. Anybody who kills a child less than 3 12 weeks 9 cm long, nails formed on
days old. digits, placenta well
formed, lanugo all over
body
HOW INFANTICIDE IS COMMITTED: 20 weeks 18-25 cm, weight 350-450
1. By omission or neglect g, hair on head
• failure to ligate the umbilical cord 24 weeks 30 cm crown-heel, vernix
• failure to protect the child from heat or cold on skin
• failure to take the necessary help of a midwife or a 28 weeks 35 cm crown-heel, 25 cm
skilled physician crown-rump, weight 900-
• failure to supply the child with proper food 1400 g
• failure to remove the child from the mother’s 32 weeks 40 cm crown-heel, weight
discharge which resulted to suffocation 1500-2000 g
36 weeks 45 cm crown-heel, weight
2. By commission 2200 g
• inflicting physical injuries 40 weeks 48-52 cm crown-heel, 28-
• suffocation (full 32 cm crown-rump, 33-38
• strangulation term) cm head circumference,
• drowning lanugo now absent or
• poisoning present only over
• burning shoulders, head hair up to
• deliberate exposure to heat or cold 2-3 cm long, testes
palpable in scrotum/vulval
labia close to vaginal
opening, dark meconium in
large intestine

SUDDEN INFANT DEATH SYNDROME (COT DEATH OF

CRIB DEATH)
• SIDS has been defined as ‘the sudden unexpected
death of an infant < 1 year of age, with onset of the
fatal episode apparently occurring during sleep,
that remains unexplained after a thorough
investigation, including the performance of a
complete autopsy and a review of the
circumstances of death and the clinical history’.

The main features of the syndrome

• most deaths take place between 1 month and 6
months, with a peak at 2 months
• There is little sex difference, although there is a
THE ESTIMATION OF MATURITY OF A NEWBORN slight preponderance of males similar to that seen
BABY OR FETUS in many types of death.
Legal requirements may need an estimation of gestational • The incidence is markedly greater in multiple births,
age of the body of a baby or fetus in relation to an abortion, whether identical or not. This can be partly
stillbirth or alleged infanticide. The following are considered explained by the greater incidence of premature
‘rule of thumb’ formulae for estimating maturity (and and low birth-weight infants in multiple births.
should be considered to provide very rough estimates):
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• There is a marked seasonal variation in temperate References:

zones: SIDS is far more common in the colder and Dr. Esperanza R. Lahoz’s PPT
wetter months, in both the northern and southern Simpson’s Forensic Medicine 13th Edition
hemispheres.
• There are apparent social, racial and ethnic
differences, but these are explained by
fundamental underlying socio-economic factors,
which show that there is a higher incidence in any
disadvantaged families such as those with poor
housing, lower occupational status, one parent
families, etc. However, no class, race, or creed is
exempt from these devastating deaths.

The essence of SIDS is that the deaths are unexpected and

autopsy reveals no adequate cause of death. The history is
usually typical: a perfect well child – or one with trivial
symptoms – is put in sleeping place at night only to be found
dead in the morning.

SIDS: True etiology is unknown.

Q&A:
1. Mentally-challenged Victims: Even with consent,
can be charged as rape. Victim cannot even sign a
legal document. Always go back to the elements of
a crime.
2. Juvenile Law: Still not approved. Lowering of the
age of criminal liability from 12 to 15.
3. Marrying your rapist or subsequent marriage can
extinguish the course of the crime
4. Hymenal lacerations: even without a force, hymen
can be laceration. Depends on the position, force,
etc.
5. Eunice: “Regarding po on statutory rape, the
previous law, is covering only those children under
12 years old and below, pero there is a law being
pushed through sa Senate po na to increase the
age from 12 years old to 16 years old old po.
Doc Lahoz: “Wala pa, actually the old law is less
than 9 years old, mas mababa pa kesa 12”
6. Quiapo Abortifacients: Banned and illegally sold
7. Can a husband opt to adopt the surname of the
wife:
Doc: “No, although it can be used in campaign. Sa
election campaign” “Cannot be used legally” (cites
a famous politician as an example)

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