A. Concept: the act of making a physical contact with the body of another person for the purpose of obtaining sexual gratification other than, or  without  intention of,  sexual intercourse.

1. The contact may be by the body of the accused such as by the lips, hands, foot; or by means of any object or instrument. In either case there must be no form of insertion into the anus, mouth or sex organ amounting to rape through sexual abuse.  

2. It is distinguished from Attempted Rape in that there is no intent to have sexual intercourse with the victim. The intent may be inferred from the circumstances of time, place, and occasion, or inferred from the nature of the act itself.

3. It is distinguished from Unjust Vexation in that there is no lewd design in unjust vexation

Example: (i) The acts of an ardent lover such as kissing, embracing arising from his passion, are unjust vexation merely. (ii). The touching of the private parts of a woman out of curiosity is unjust vexation.

4. If the acts of lasciviousness (including sexual intercourse) is performed upon a child exploited in prostitution or other sexual abuse (i.e. abuse other than the acts of lasciviousness such as when the child is the subject of an obscene publication or pornography or of indecent shows) whether male or female, the acts would constitute sexual abuse punished under R.A. 7610 ( The Child Abuse Law) ( Olivarez vs. C.A., July 29, 2006)

B. Kinds:

1. Forcible (Article 336) if made under circumstances of forcible rape, i.e through force, threat, violation, intimidation.

      a. The accused may be any person and the victim may be a male or female

2. Consented: (Article 339) if made under circumstances of seduction whether simple or qualified i.e.

      a) victim is a female of chaste character

      b) over 12 years  but below 18 years, or  a widow

      c) there was deceit or abuse of authority, abuse of confidence or abuse of relationship