"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.