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Attempt to corrupt or induce to engage in prostitution or connivance, A55(3) Family Code

1. Concept

Child – includes “a child by nature or by adoption” (FAMILY CODE, Last Paragraph, Article 55)

Prostitution – means “the act or practice of engaging in sex acts and especially sexual intercourse in exchange for pay”. ((Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/prostitution [Accessed: 17 April 2025])

2. Attempt to corrupt or induce to engage in prostitution or connivance, A55(3) Family Code

Art. 55. A petition for legal separation may be filed on any of the following grounds:
x x x
(3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;
x x x
For purposes of this Article, the term “child” shall include a child by nature or by adoption. (9a)

1) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement, is a ground for legal separation.

GroundsCommitted Against
(1) Attempt to corrupt or induce to engage in prostitution; or (2) Connivance in such corruption or inducement  Petitioner-Spouse
Common Child
Petitioner’s Child

2) For attempt to corrupt or induce to engage in prostitution, mere attempt is sufficient. It is not required that the respondent was successful. Further, while the provision uses the qualifier “attempt”, it is submitted that successfully corrupting or inducing to engage in prostitution or connivance may also be included. Otherwise, it will result in an absurdity where attempt becomes a ground, but the consummation thereof is not. This results in an absurdity, which should be avoided.

Related: Avoiding Absurdity, Statutory Construction

3) For the connivance in such corruption or inducement, the respondent-spouse works with a third-party to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution. Meaning, the respondent does not him/herself does the corruption or inducement, instead, the respondent works with someone else who does the corruption or inducement. As with the attempt to corrupt or induce, it is submitted that the connivance may include both attempt and consummated. Otherwise, it will result in an absurdity where attempt becomes a ground, but the consummation thereof is not. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto. Available at: https://chat.openai.com [Accessed: 17 April 2025])

4) This ground for legal separation applies when one spouse either directly tries to push or persuade their partner—or their child, whether shared or not—into prostitution, or willingly cooperates with someone else doing it. It covers not only active efforts to involve them in prostitution but also passive agreement or silent approval of such exploitation. The law treats this as a grave offense because it violates a person’s dignity, morality, and safety. (Ibid.)

5) In simpler terms: If a husband or wife tries to convince or force their partner or their child to become a prostitute—or even helps someone else do it—that’s a serious enough reason for the victim to ask the court for legal separation. Even if the act wasn’t carried out, the mere attempt or agreement to such behavior can be enough. (Ibid.)

3. Examples

Example 1 – Spouse inducing partner into prostitution:

Lito tells his wife, Carla, that they’re running low on money and suggests she entertain his wealthy friend for the night in exchange for cash. He pressures her to dress provocatively and meet the man alone, hinting she “do whatever it takes” to get the money. Even if Carla refuses and nothing happens, Lito’s attempt to push her into prostitution gives her legal grounds to seek separation. (Ibid.)

Example 2 – Spouse corrupting a shared child:

Anna and Miguel have a teenage daughter. Miguel starts encouraging their daughter to “spend time” with older men who offer her expensive gifts and money. He even arranges meetings and downplays the sexual risks. Anna, upon learning this, can file for legal separation because Miguel is trying to lead their daughter into prostitution. (Ibid.)

Example 3 – Connivance with another’s actions:

Marissa’s partner allows his friend to continuously make inappropriate offers to her daughter from a previous marriage. Instead of protecting the child, he laughs it off, encourages the interaction, and tells the child to “be nice” so the friend keeps giving her gifts. Marissa can cite connivance in the attempted corruption as a ground for legal separation. (Ibid.)