As to the crime of Seduction, a qualification has to be made because it appears this crime has been modified by rape committed by means of fraudulent machination or by grave abuse of authority.
In seduction the victim consented to the sexual intercourse.
A. In qualified seduction (Article 337) what makes the offense qualified is because of the character of the accused, the excess of power or abuse of confidence. Thus the consent of the victim was obtained because of any of the following:
(i). Abuse of authority such as by persons in authority, guardians, teachers, persons who are entrusted with the education or custody of the victim
(ii). Abuse of the confidence reposed in them such as by priest, minister, house servants, domestics i.e. one living under the same roof as the victim
(iii). Abuse of relationship such as by brothers or ascendants
1. Under the Anti Rape Law, there is rape by “grave abuse of authority” hence it would seem that if the accuse falls under any of the foregoing classification but if the abuse is not “grave”, the offense would still be qualified seduction. But when is the abuse considered grave, so as to give rise to rape, and when is it mild or not grave?
B. In simple seduction (Article 338) the seduction was “committed by means of deceit”.
1. Deceit was understood to be generally in the form of unfulfilled promise of marriage. Hence, it would seem that if the consent to sex was by any artifice other than by a promise of marriage, the offense would be rape by “fraudulent machination”.
C. Requirements for seduction or consented sexual intercourse:
1. The victim is a woman who must be over 12 years because if her age is below 12 the offense is statutory rape
2. She must not be over 18 years (it is presumed that if over 18 years, she is of sufficient understanding to take care of her virtue and chastity). However even if the woman is over 18 if there was “Grave Abuse of Authority” or “fraudulent machination” the crime would be rape.
3. While the law requires the victim to be a “virgin”, this is to be understood as referring to a woman of chaste character though she may not literally be virgin.
4. There must be consummated.