Rape vs. act of lasciviousness

"The intent of the offender to lie with the female defines the distinction between attempted rape and acts of lasciviousness. The felony of attempted rape requires such intent; the felony of acts of lasciviousness does not. Only the direct overt acts of the offender establish the intent to lie with the female. However, merely climbing on top of a naked female does not constitute attempted rape without proof of his erectile penis being in a position to penetrate the female's vagina."

See:
G.R. No. 166441, October 8, 2014
NORBERTO CRUZ y BARTOLOME, Petitioner,
vs. PEOPLE OF THE PHILIPPINES, Respondent.