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ABDUCTION


A. Concept: the taking away of a woman with lewd designs i.e. to obtain sexual gratification.


1. Forcible (Article 342):  if the taking away is against her will.




a). This presupposes the use of force, violence threat or intimidation or any method to overcome her resistance, or to deprive her of the ability to resist

.

b) If the woman was thereafter raped, it the crime is Forcible Abduction with Rape, and if there be several rapes, the other rapes are considered as separate crimes.



c) From Kidnapping/Serious Illegal Detention



(i) In kidnapping, there is no lewd design but to either deprive or restrain the woman of her personal liberty/freedom of movement, or the purpose is to demand a ransom

(ii) If several rapes were committed on the woman, the crime is kidnapping with rape and the other rapes are absorbed and are aggravating circumstances while in Abduction, the other rapes are separate offenses



d). It is Trafficking in Persons if the purpose is for sexual exploitation, forced labor or services, slavery, involuntary servitude or debt bondage, or sale of organs


2. Consented (Article 343) the taking away of a woman of good reputation, 12 years or over but under 18 years of age, carried out with her consent and with lewd designs.




a) There may or may not be deceit employed to get the woman to agree, as for example, convincing the woman to elope with the man. The consent must be given freely and intelligently.

b) There be lewd design else the crime may be inducing a minor to abandon the home