CRITICISMS OF THE LAWS ON RAPE

AND OTHER CRIMES AGAINST CHAST

ITY

ADULTERY VS CONCUBINAGE
Archaic and obsolete
Unfair penalties (prision correccional for adultery
& destierro for concubinage)
Difference in elements:
Adultery: mere sexual intercourse
Concubinage:
Keep a mistress in the conjugal dwelling
Under scandalous circumstances
cohabitation

SEDUCTION
Qualified Seduction
Requires moral ascendancy

Implies that girls 12-18 years of age can give conse

nt
Cannot be prosecuted de oficio; requires a complaint
filed by the offended party

RAPE
Rape against men
Requires anal penetration

Marriage extinguishes criminal liability