Commentary

There was a crime

In 1958 or 1959, 60 years ago, the effective law regarding criminal liability of minors was the Revised Penal Code. A 13 or 14 year old boy would have been prosecuted as an adult, thus criminal liability would attach. There would have been a crime, that of ACTS OF LASCIVIOUSNESS. (Insertion of a finger into a woman’s vagina only became rape after the effectivity of the New Rape Law, R.A. No. 8353, on 22 October 1997.)

He is correct though that the crime, being punishable by a correctional penalty, would have long prescribed – it would have prescribed 10 years after. Nevertheless, there is a difference between no crime being committed and the crime having prescribed.

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