Criminal Law, 2016 Bar — Question XVII

ESSAY

Braulio invited Lulu, his 11-year-old stepdaughter, inside the master bedroom. He pulled out a knife and threatened her with harm unless she submitted to his desires. He was touching her chest and sex organ when his wife caught him in the act. The prosecutor is unsure whether to charge Braulio for acts of lasciviousness under Art. 336 of the RPC; for lascivious conduct under R.A. 7610 (Special Protection against Child Abuse, Exploitation and Discrimination Act); or for rape under Art. 266-A of the RPC. What is the crime committed? Explain. (5%)

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