MEDICO-LEGAL ASPECTS OF SEXUAL CRIMES

I. Virginity and Defloration

Virginity is a condition of a female who has not experienced sexual intercourse and whose
genital organs have not been altered by carnal connection.

The presumption of a woman’s virginity arises whenever it is shown that she is single and
continuous until overthrown by proof to be contrary. A woman is presumed to be a virgin when
unmarried and of good reputation.

Note: In crimes which require the victim to be a “virgin”, the term virgin refers to a
woman of chaste character. Hence, physical virginity is not an element.

Virginity could be an aspect of medico-legal investigation and examination especially in

relation to crimes committed on minors.

Determination of virginity: through examination of the female reproductive organ (i.e. the
vaginal canal, external genitalia, and the hymen)

Defloration is the laceration or rupture of the hymen as a result of sexual intercourse. All other
lacerations of the hymen which are not caused by sexual act are not considered as
defloration.

➢ The fact that the hymen is intact does not prove absence of previous sexual intercourse
and the presence of laceration does not prove defloration.

In the medical examination of the hymen, the following facts must be included:

1) General condition of the hymen;

2) Original shape of the orifice (opening);
3) If lacerated, the following must be noted:
a. Degree of laceration;
b. Location of laceration;
c. Duration of the laceration;
d. Complications of laceration.

II. Erectile Dysfunction and Sterility

Erectile Dysfunction (ED) otherwise known as “impotence” is the inability to initiate and
maintain an erection in at least fifty (50%) of the attempts at intercourse or the cessation of
attempts at intercourse. It usually results from vascular abnormalities of the penis or
psychological problems that interfere with sexual arousal.

Medico-legal significance:
“Art. 45. A marriage may be annulled for any of the following causes, existing at the time of
the marriage:

xxx (5) That either party was physically incapable of consummating the marriage with
the other, and such incapacity continues and appears to be incurable; xxx”

For this ground to prosper, two requisites must concur: 1.) that there is impotence (NOT
STERILITY); and 2.) the impotence is incurable.

Sterility

Sterility refers to the total incapacity or impossibility to produce a live child, due to different
circumstances and factors.

Infertility refers to a range of conditions which makes it difficult to conceive a child even after
one year of unprotected sexual intercourse. Infertility is a broad term which could cover
grave conditions like sterility and

III. Sexual Crimes

A. RAPE

Article 266-A. Rape: When And How Committed. - Rape is committed:

a.) Rape by sexual intercourse/Traditional Rape

"1) By a man who shall have carnal knowledge of a woman under any of the
following circumstances:

"a) Through force, threat, or intimidation;

"b) When the offended party is deprived of reason or otherwise unconscious;

"c) By means of fraudulent machination or grave abuse of authority; and

"d) When the offended party is under twelve (12) years of age or is demented,
even though none of the circumstances mentioned above be present.”

b.) Rape by Sexual Assault

"2) By any person who, under any of the circumstances mentioned in paragraph
1 hereof, shall commit an act of sexual assault by inserting his penis into another
person's mouth or anal orifice, or any instrument or object, into the genital or anal
orifice of another person.

c.) Higher Penalties

"Article 266-B. Penalty. - Rape under paragraph 1 of the next preceding article
shall be punished by reclusion perpetua.

"Whenever the rape is committed with the use of a deadly weapon or by two or
more persons, the penalty shall be reclusion perpetua to death.
"When by reason or on the occasion of the rape, the victim has become insane,
the penalty shall become reclusion perpetua to death.

Attempted Rape with Homicide

"When the rape is attempted and a homicide is committed by reason or on the

occasion thereof, the penalty shall be reclusion perpetua to death. -Note: Even if
the person killed is not the rape victim

Rape with Homicide

"When by reason or on the occasion of the rape, homicide is committed, the

penalty shall be death.

Qualified Rape

"The death penalty shall also be imposed if the crime of rape is committed with
any of the following aggravating/qualifying circumstances:

"l) When the victim is under eighteen (18) years of age and the offender is a
parent, ascendant, step-parent, guardian, relative by consanguinity or affinity
within the third civil degree, or the common-law spouse of the parent of the
victim;

"2) When the victim is under the custody of the police or military authorities or any
law enforcement or penal institution;

"3) When the rape is committed in full view of the spouse, parent, any of the
children or other relatives within the third civil degree of consanguinity;

"4) When the victim is a religious engaged in legitimate religious vocation or

calling and is personally known to be such by the offender before or at the time
of the commission of the crime;

"5) When the victim is a child below seven (7) years old;

"6) When the offender knows that he is afflicted with the Human Immuno-
Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other
sexually transmissible disease and the virus or disease is transmitted to the victim;

"7) When committed by any member of the Armed Forces of the Philippines or
para-military units thereof or the Philippine National Police or any law
enforcement agency or penal institution, when the offender took advantage of
his position to facilitate the commission of the crime;

"8) When by reason or on the occasion of the rape, the victim has suffered
permanent physical mutilation or disability;

"9) When the offender knew of the pregnancy of the offended party at the time
of the commission of the crime; and

"10) When the offender knew of the mental disability, emotional disorder and/or
physical handicap of the offended party at the time of the commission of the
crime.
 "Rape under paragraph 2 of the next preceding article shall be punished by
prision mayor.

"Whenever the rape is committed with the use of a deadly weapon or by two or
more persons, the penalty shall be prision mayor to reclusion temporal.

"When by reason or on the occasion of the rape, the victim has become insane,
the penalty shall be reclusion temporal.

"When the rape is attempted and a homicide is committed by reason or on the

occasion thereof, the penalty shall be reclusion temporal to reclusion perpetua.

"When by reason or on the occasion ofthe rape, homicide is committed, the

penalty shall be reclusion perpetua.

"Reclusion temporal shall be imposed if the rape is committed with any of the ten
aggravating/ qualifying circumstances mentioned in this article.

"Article 266-C. Effect of Pardon. - The subsequent valid marriage between the
offended party shall extinguish the criminal action or the penalty imposed.

"In case it is the legal husband who is the offender, the subsequent forgiveness by
the wife as the offended party shall extinguish the criminal action or the penalty:
Provided, That the crime shall not be extinguished or the penalty shall not be
abated if the marriage is void ab initio.

"Article 266-D. Presumptions. - Any physical overt act manifesting resistance

against the act of rape in any degree from the offended party, or where the
offended party is so situated as to render her/him incapable of giving valid
consent, may be accepted as evidence in the prosecution of the acts punished
under Article 266-A."

➢ OTHER CRIMES OF CHASTITY

1. SEDUCTION
- Seduction is the act of a man enticing women to have unlawful intercourse with him by means
of persuasion, solicitation, promises, bribes, or other means without employment of force

a. Qualified Seduction

Art. 337, Revised Penal Code — Qualified seduction — The seduction of a virgin over twelve years
and under eighteen years of age, committed by any person in public authority, priests, house-
servant, domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with
the education or custody of the woman seduced, shall be punished by prision correccional in its
minimum and medium periods. The penalty next higher in degree shall be imposed upon any
person who shall seduce his sister or descendant, whether or not she be a virgin or over eighteen
years of age. Under the provisons of this Chapter, seduction is committed when the offender has
carnal knowledge of any of the persons and under the circumstances described herein

Types of Qualified Seduction:

1. Ordinary Qualified Seduction:
 Seduction of a virgin over twelve years and under eighteen years of age, committed by any
person in public authority, priest, house-servant, domestic, guardian, teacher or any person
who in any capacity, shall be entrusted with the education or custody of the woman
seduced.
2. Incestuous Qualified Seduction:
This includes seduction wherein there is blood relationship between the seducer and the
seduced. Father seducing daughter or other descendants, or brother seducing sister. In this
type of seduction, the woman seduced need not be a virgin or may be more than eighteen
years of age.

ELEMENTS:
(1) the offended party is a virgin;
(2) she must be over 12 and under 18 years of age;
(3) the offender has sexual intercourse with her; and
(4) the offender is a person in public authority, priest, house servant, domestic, guardian, teacher,
one entrusted with the education or custody of the offended party, or a brother or ascendant of the
latter.

b. Simple Seduction
Art, 338, Revised Penal Code — Simple seduction — The seduction of a woman who is single or
a widow of good reputation, over twelve but under eighteen years of age, committed by
means of deceit, shall be punished by arresto mayor

ELEMENTS
1. The offended party is over twelve but less than eighteen years
2. The offended party must be single or a widow of good reputation
3. There must be sexual intercourse done by the offender with her; and
4. The sexual act was committed by means of deceit.

2. ACTS OF LASCIVIOUSNESS
- Acts of lasciviousness are acts which tend to excite lust; conduct which is wanton, lewd,
voluptuous or lewd emotion

- Philippine statistics authority- acts that are lascivious in nature, which include but are not
limited to intentional touching, either direct or through clothing, of the genitalia, anus, groin,
breast, inner thigh or buttocks; or the introduction of any object into the genitalia, anus or
mouth of any child whether of the same or opposite sex with an intent to abuse, humiliate,
harass, degrade, or arouse or gratify the sexual desire of any person; bestiality; masturbation;
lascivious exhibition of the genital or pubic area of a person, etc

Acts Considered Lascivious:

1. Embracing, kissing and holding the woman's breast (People v. Collado, 60 Phil. 610).
2. Placing of the man's private organ over a girl's genital organ
(People v. Domondon, C.A. 364 O.G. 1977).

A. ACTS OF LASCIVIOUSNESS:
 Art. 336, Revised Penal Code — Acts of lasciviousness — Any person who shall commit any act of
lasciviousness upon other persons of either sex, under any of the circumstances mentioned in the
preceding article (rape), shall be punished by prision correccional.

ELEMENTS
(1) that the offender commits any act of lasciviousness or lewdness;
(2) that it is done
(a) by using force or intimidation or
(b) when the offended party is under 12 years of age; and
(3) that the offended party is another person of either sex.

B. ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE

OFFENDED PARTY
Art. 339, Revised Penal Code — Acts of lasciviousness with the consent of the offended party — The
penalty of arresto mayor shall be imposed to punish any other acts of lasciviousness committed by
the same persons and under the same circumstances as those provided in article 337 (qualified
seduction) and 338 (simple seduction).

ELEMENTS:
1. That the offender commits acts of lasciviousness or lewdness
2. That the acts are committed upon a woman who is a
a. virgin or single or widow of good reputation, over 12 but under 18, or
b. a sister or a descendant regardless of her reputation or age
3. That the offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit.

1. ABDUCTION

DEFINITION:
-Abduction is the carrying away of a woman by an abductor with lewd design.

-Lewd design is the intent of the abductor to have sexual intercourse with the woman abducted. This
can be inferred from the acts of the offender.

TYPES:
1. Forcible abduction (Art. 342)
2. Consented abduction (Art. 343)

RPC PROVISION
A. Forcible Abduction:
Art. 342, Revised Penal Code — Forcible abduction — The abduction of any woman against her will
and with lewd designs shall be punished by reclusion temporal. The same penalty shall be imposed in
every case, if the female abducted is under twelve years of age.

ELEMENTS:
1. The victim abducted is a woman;
2. The abduction is against her will; and
3. The abduction is with lewd design

RPC PROVISION

Art. 343, Revised Penal, Code — Consented abduction — The

abduction of a virgin over twelve and under eighteen years of age,
carried out with her consent and with lewd designs, shall be
punished by the penalty of prision correccional in its minimum
and medium periods.

ELEMENTS
1. The offended party must be a virgin;
2. The offended party must be over 12 but under 18 years old;
3. The carrying away of the offended party is with her consent; and
4. The taking away must be with lewd design.

rationale to the provision:

The purpose of the law is not to punish the wrong done to the girl, because she consents thereto, but
to prescribe punishment for the disgrace to her family and the alarm caused therein by the
disappearance of the one who is, by her age and sex, susceptible to cajolery and deceit

ADULTERY AND CONCUBINAGE

A. Adultery

Art. 333, Revised Penal Code — Who are guilty of adultery — Adultery is committed by any married
woman who shall have sexual intercourse with a man not her husband and by the man who has
carnal knowledge of her, knowing her to be married, even if the marriage be subsequently declared
void.

ELEMENTS
1. The woman is married;
2. She has had sexual intercourse with a man not her husband; and
3. The man with whom she had sexual intercourse knows her to
be married even if the marriage has subsequently been declared
void.

B. Concubinage

Art. 334, Revised Penal Code — Concubinage — Any husband who shall keep a mistress in the
conjugal dwelling, or, shall have sexual intercourse, under scandalous circumstances, with a woman
who is not his wife, or shall cohabit with her in any other place, shall be punished by prision
correccional in its minimum and medium periods.
ELEMENTS:
1. Keeping a mistress in the conjugal dwelling; or
2. Having sexual intercourse, under scandalous circumstances, with a woman who is not his wife; or
3. Cohabiting with her in any other place.

OTHER SPECIAL PENAL LAWS

A. R.A. 7610 ("Special Protection of Children Against Abuse, Exploitation and

Discrimination Act."

“Section 3. Definition of Terms.

Xxx (b) "Child abuse" refers to the maltreatment, whether habitual or not, of
the child which includes any of the following:

(1) Psychological and physical abuse, neglect, cruelty, sexual abuse

and emotional maltreatment; xxxx”

ARTICLE III
Child Prostitution and Other Sexual Abuse

Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male
or female, who for money, profit, or any other consideration or due to the
coercion or influence of any adult, syndicate or group, indulge in sexual
intercourse or lascivious conduct, are deemed to be children exploited in
prostitution and other sexual abuse.

The penalty of reclusion temporal in its medium period to reclusion perpetua

shall be imposed upon the following:

(a) Those who engage in or promote, facilitate or induce child prostitution

which include, but are not limited to, the following:

(1) Acting as a procurer of a child prostitute;

(2) Inducing a person to be a client of a child prostitute by means of written

or oral advertisements or other similar means;

(3) Taking advantage of influence or relationship to procure a child as

prostitute;

(4) Threatening or using violence towards a child to engage him as a

prostitute; or

(5) Giving monetary consideration goods or other pecuniary benefit to a

child with intent to engage such child in prostitution.

(b) Those who commit the act of sexual intercourse of lascivious conduct with
a child exploited in prostitution or subject to other sexual abuse; Provided,
That when the victims is under twelve (12) years of age, the perpetrators shall
be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act
No. 3815, as amended, the Revised Penal Code, for rape or lascivious
conduct, as the case may be: Provided, That the penalty for lascivious
conduct when the victim is under twelve (12) years of age shall be reclusion
temporal in its medium period; and

(c) Those who derive profit or advantage therefrom, whether as manager or

owner of the establishment where the prostitution takes place, or of the
sauna, disco, bar, resort, place of entertainment or establishment serving as a
cover or which engages in prostitution in addition to the activity for which the
license has been issued to said establishment.

Section 6. Attempt To Commit Child Prostitution. – There is an attempt to

commit child prostitution under Section 5, paragraph (a) hereof when any
person who, not being a relative of a child, is found alone with the said child
inside the room or cubicle of a house, an inn, hotel, motel, pension house,
apartelle or other similar establishments, vessel, vehicle or any other hidden or
secluded area under circumstances which would lead a reasonable person
to believe that the child is about to be exploited in prostitution and other
sexual abuse.

There is also an attempt to commit child prostitution, under paragraph (b) of

Section 5 hereof when any person is receiving services from a child in a sauna
parlor or bath, massage clinic, health club and other similar establishments. A
penalty lower by two (2) degrees than that prescribed for the consummated
felony under Section 5 hereof shall be imposed upon the principals of the
attempt to commit the crime of child prostitution under this Act, or, in the
proper case, under the Revised Penal Code.

Sanctions for Establishments or Enterprises

Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or

Conduct Activities Constituting Child Prostitution and Other Sexual Abuse, Child
Trafficking, Obscene Publications and Indecent Shows, and Other Acts of Abuse. – All
establishments and enterprises which promote or facilitate child prostitution and other
sexual abuse, child trafficking, obscene publications and indecent shows, and other
acts of abuse shall be immediately closed and their authority or license to operate
cancelled, without prejudice to the owner or manager thereof being prosecuted
under this Act and/or the Revised Penal Code, as amended, or special laws. A sign
with the words "off limits" shall be conspicuously displayed outside the establishments
or enterprises by the Department of Social Welfare and Development for such period
which shall not be less than one (1) year, as the Department may determine. The
unauthorized removal of such sign shall be punishable by prision correccional.

An establishment shall be deemed to promote or facilitate child prostitution and other

sexual abuse, child trafficking, obscene publications and indecent shows, and other
acts of abuse if the acts constituting the same occur in the premises of said
establishment under this Act or in violation of the Revised Penal Code, as amended.
An enterprise such as a sauna, travel agency, or recruitment agency which: promotes
the aforementioned acts as part of a tour for foreign tourists; exhibits children in a lewd
or indecent show; provides child masseurs for adults of the same or opposite sex and
said services include any lascivious conduct with the customers; or solicits children or
 activities constituting the aforementioned acts shall be deemed to have committed
the acts penalized herein.

CRIMES AGAINST CHASTITY IN RELATION TO R.A. 7610

Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the
Child's Development. –

“xxx The penalty for the commission of acts punishable under

Article 337, 339, 340 and 341 of Act No. 3815, as amended, the
Revised Penal Code, for the crimes of qualified seduction, acts
of lasciviousness with the consent of the offended party,
corruption of minors, and white slave trade, respectively, shall
be one (1) degree higher than that imposed by law when the
victim is under twelve (12) years age.”

B. ANTI-TRAFFICKING IN PERSONS (R.A. 9208 as amended by R.A. 10364)

Section 3, Definition of Terms

"(a) Trafficking in Persons – refers to the recruitment, obtaining, hiring,

providing, offering, transportation, transfer, maintaining, harboring, or receipt
of persons with or without the victim’s consent or knowledge, within or across
national borders by means of threat, or use of force, or other forms of
coercion, abduction, fraud, deception, abuse of power or of position, taking
advantage of the vulnerability of the person, or, the giving or receiving of
payments or benefits to achieve the consent of a person having control over
another person for the purpose of exploitation which includes at a minimum,
the exploitation or the prostitution of others or other forms of sexual
exploitation, forced labor or services, slavery, servitude or the removal or sale
of organs.

"The recruitment, transportation, transfer, harboring, adoption or receipt of a

child for the purpose of exploitation or when the adoption is induced by any
form of consideration for exploitative purposes shall also be considered as
‘trafficking in persons’ even if it does not involve any of the means set forth in
the preceding paragraph.

xxx

(c) Prostitution – refers to any act, transaction, scheme or design involving the
use of a person by another, for sexual intercourse or lascivious conduct in
exchange for money, profit or any other consideration.

xxxx

g) Sex Tourism – refers to a program organized by travel and tourism-related

establishments and individuals which consists of tourism packages or activities, utilizing
and offering escort and sexual services as enticement for tourists. This includes sexual
services and practices offered during rest and recreation periods for members of the
military.
 "(h) Sexual Exploitation – refers to participation by a person in prostitution,
pornography or the production of pornography, in exchange for money, profit or any
other consideration or where the participation is caused or facilitated by any means
of intimidation or threat, use of force, or other forms of coercion, abduction, fraud,
deception, debt bondage, abuse of power or of position or of legal process, taking
advantage of the vulnerability of the person, or giving or receiving of payments or
benefits to achieve the consent of a person having control over another person; or in
sexual intercourse or lascivious conduct caused or facilitated by any means as
provided in this Act.

(j) Pornography – refers to any representation, through publication, exhibition,

cinematography, indecent shows, information technology, or by whatever
means, of a person engaged in real or simulated explicit sexual activities or
any representation of the sexual parts of a person for primarily sexual purposes.

Section 13

“xxxx Use of Trafficked Persons. – Any person who buys or engages the
services of a trafficked person for prostitution shall be penalized xxx”

Prostitution vis-à-vis R.A. 10364:

Section 17. Section 17 of Republic Act No. 9208 is hereby amended to read as follows:

"SEC. 17. Legal Protection to Trafficked Persons. – Trafficked persons shall be recognized as victims
of the act or acts of trafficking and as such, shall not be penalized for unlawful acts committed as a
direct result of, or as an incident or in relation to, being trafficked based on the acts of trafficking
enumerated in this Act or in obedience to the order made by the trafficker in relation thereto. In
this regard, the consent of a trafficked person to the intended exploitation set forth in this Act shall
be irrelevant.

"Victims of trafficking for purposes of prostitution as defined under Section 4 of this Act are not
covered by Article 202 of the Revised Penal Code and as such, shall not be prosecuted, fined, or
otherwise penalized under the said law."

IV. RAPE SHIELD AND SEXUAL ABUSE SHIELD

Republic Act 8505 or the “Rape Victim Assistance and Protection Act of 1998”

Sec. 3. Rape Crisis Center.— The Department of Social Welfare and

Development (DSWD), the Department of Health (DOH), the Department
of the Interior and Local Government (DILG), the Department of Justice
(DOJ), and a lead non-government organization (NGO) with proven track
record or experience in handling sexual abuse cases, shall establish in
every province and city a rape crisis center located in a government
hospital or health clinic or in any other suitable place for the purpose of:

(a) Providing rape victims with psychological counselling, medical and

health services, including their medico-legal examination;
 (b) Securing free legal assistance or service, when necessary, for rape
victims;

(c) Assisting rape victims in the investigation to hasten the arrest of

offenders and the filing of cases in court;

(d) Ensuring the privacy and safety of rape victims;

(e) Providing psychological counselling and medical services

whenever necessary for the family of rape victims;

(f) Developing and undertaking a training program for law

enforcement officers, public prosecutors, lawyers, medico-legal officers,
social workers, and barangay officials on human rights and responsibilities;
gender sensitivity and legal management of rape cases; and

(g) Adopting and implementing programs for the recovery of rape

victims.

The DSWD shall be the lead agency in the establishment and operation of
the Rape Crisis Center.

Sec. 4. Duty of the Police Officer.— Upon receipt by the police of the
complaint for rape, it shall be the duty of the police officer to:

(a) Immediately refer the case to the prosecutor for

inquest/investigation if the accused is detained; otherwise, the rules of
court shall apply;

(b) Arrange for counselling and medical services for the offended
party; and

(c) Immediately make a report on the action taken.

It shall be the duty of the police officer or the examining physician, who
must be of the same gender as the offended party, to ensure that only
persons expressly authorized by the offended party shall be allowed inside
the room where the investigation or medical or physical examination is
being conducted.

For this purpose, a women's desk must be established in every police

precinct throughout the country to provide a police woman to conduct
investigation of complaints of women rape victims. In the same manner,
the preliminary investigation proper or inquest of women rape victims must
be assigned to female prosecutor or prosecutors after the police shall
have endorsed all the pertinent papers thereof to the same office.

RAPE SHIELD RULE

“Sec. 6. Rape shield.— In prosecutions for rape, evidence of complainant's past sexual conduct,
opinion thereof or of his/her reputation shall not be admitted unless, and only to the extent that
the court finds, that such evidence is material and relevant to the case.”

R.A. 10364:
 Section 19. A new Section 17-B is hereby inserted into Republic Act No. 9208, to read
as follows:

"SEC. 17-B. Irrelevance of Past Sexual Behavior, Opinion Thereof or Reputation of

Victims and of Consent of Victims in Cases of Deception, Coercion and Other
Prohibited Means. – The past sexual behavior or the sexual predisposition of a
trafficked person shall be considered inadmissible in evidence for the purpose of
proving consent of the victim to engage in sexual behavior, or to prove the
predisposition, sexual or otherwise, of a trafficked person. Furthermore, the consent
of a victim of trafficking to the intended exploitation shall be irrelevant where any of
the means set forth in Section 3(a) of this Act has been used."

SEXUAL ABUSE SHIELD RULE

RULE ON EXAMINATION OF A CHILD WITNESS

“Sec . 30. Sexual abuse shield rule.—

.
(a) Inadmissible evidence.— The following evidence is not admissible
in any criminal proceeding involving alleged child sexual abuse
.
(1) Evidence offered to prove that the alleged victim engaged in
other sexual behavior; and
.
(2) Evidence offered to prove the sexual predisposition of the
alleged victim.
.
(b) Exception.— Evidence of specific instances of sexual behavior by
the alleged victim to prove that a person other than the accused
was the source of semen, injury, or other physical evidence shall be
admissible.

A party intending to offer such evidence must:

(1) File a written motion at least fifteen (15) days before trial,
specifically describing the evidence and stating the purpose for
which it is offered, unless the court, for good cause, requires a
different time for filing or permits filing during trial; and

(2) Serve the motion on all parties and the guardian ad litem at least
three (3) days before the hearing of the motion.

Before admitting such evidence, the court must conduct a hearing

in chambers and afford the child, his guardian ad litem, the parties,
and their counsel a right to attend and be heard. The motion and
the record of the hearing must be sealed and remain under seal and
protected by a protective order set forth in Section 31(b). The child
shall not be required to testify at the hearing in chambers except with
his consent.”