Rape v. Seduction

Someone asked me, "I have a friend who...

got his girlfriend pregnant. The family of the girl is threatening to charge him with rape because the girl is only 17 years old. Is this correct?

My answer is there is no rape in this case.

Under R.A. 8353 Article 266 as amended now says Rape is committed: (http://www.chanrobles.com/republicactno8353.htm)

"1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:

"a) Through force, threat, or intimidation; "b) When the offended party is deprived of reason or otherwise unconscious; "c) By means of fraudulent machination or grave abuse of authority; and "d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.

"2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.

None of the circumstances under a to d are present in the instance. In this case, the guy and the girl consented to the carnal knowledge and were both conscious. The girl is already above 12 years old and was mentally sound. Therefore, rape is not the proper case.

The family of the girl could still file other crimes if applicable because the girl is only 17 years old. The options are:

Art. 336. Acts of lasciviousness. — Any person who shall commit any act of lasciviousness upon other persons of either sex, under any of the circumstances mentioned in the preceding article

Art. 337. Qualified seduction. — The seduction of a virgin over twelve years and under eighteen years of age, committed by any person in public authority, priest, home-servant, domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with the education or custody of the woman seduced ... seduction is committed when the offender has carnal knowledge of any of the persons and under the circumstances described herein.

Art. 338. Simple seduction. — The seduction of a woman who is single or a widow of good reputation, over twelve but under eighteen years of age, committed by means of deceit

Art. 342. Forcible abduction. — The abduction of any woman against her will and with lewd designs

Art. 343. Consented abduction. — The abduction of a virgin over twelve years and under eighteen years of age, carried out with her consent and with lewd designs

Since both of them were mere students, then qualified seductions would not apply. But it could still be a case of simple seduction if the carnal knowledge was procured by deceit like a promise to marry her or to give her a good future.