Sexual abuse of student
A professor was charged for violating Republic Act 7610 for his alleged conduct of inducing and seducing his 17 year-old student to indulge in sexual relations and lascivious conduct. In his defense, the professor claimed that his student was allegedly 19 years old, that she consented to have sexual relations with him, and that they engaged in such acts out of their mutual love and affection for each other.
The Court found that the evidence was sufficient to convict the professor for viola- tion of Section 5(b), Article III of R.A. 7610, which is marked by the following elements:
1. The accused commits the act of sexual intercourse or lascivious conduct;
2. The act is performed with a child exploited in prostitution or subjected to other sexual abuse;
3. The child, whether male or female, is below 18 years old. The Supreme Court once ruled in People vs. Larin that a child is said to be subjected to other sexual abuse when the child indulges in sexual intercourse or lascivious conduct under the coercion of any adult or group. The Court noted that these circumstances were present in this case. The minor student was only coerced to engage in sexual relations with the professor due to his ascendancy over her.
Thus, the professor was sentenced to imprisonment of 14 years and eight months as minimum to 20 years as maximum. He was further ordered to pay P50,000 as civil indemnity and P50,000 for moral damages. (Malto vs. People of the Philippines, G.R. 164733 [2007])
This community education column from Quota International of Metro Cebu (QIMC) is not intended to take the place of legal advice. Consult with a private attorney of your choice to review the facts, laws and remedies specific to your case.
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