CRIMINAL LAW:ACTS OF LASCIVIOUSNESS; ELEMENTS.

Petitioner’s acts of lying on top of the complainant, embracing and kissing her, mashing her breasts, inserting his hand inside her panty and touching her sexual organ, while admittedly obscene and detestable acts, do not constitute attempted rape absent any showing that petitioner actually commenced to force his penis into the complainant’s sexual organ. Rather, these acts constitute acts of lasciviousness. The elements of said crime are: (1) that the offender commits any act of lasciviousness or lewdness; (2) that it is done (a) by using force and intimidation or (b) when the offended party is deprived of reason or otherwise unconscious, or (c) when the offended party is under 12 years of age; and (3) that the offended party is another person of either sex.

las`civ´i`ous`ness

- The state or habitual condition of feeling an excessive or morbid sexual desire

The same case will be faced by Philippines actor Baron Geisler after he allegedly held and/or smashed a private part (breast) of the daughter of actor and actress William Martinez and Yayo Aguila in a bar last Friday. Maybe the case that happened inside the Pinoy Big Brother house celebrity edition, a TV reality show  involving Baron’s alleged attitude problem made many people judge the actor immediately. But let‘s give him and all other people involved a chance to explain his side in court because according to a report, the Martinez family will file a case against Baron, hoping that this incidence will served as  a lesson to everybody not only to those judging Baron but for everybody to act accordingly and give due respect to each other always. Hope all will end well.