'A love affair does not justify rape' – SC
Published Jun 25, 2025 03:24 pm
The Supreme Court (SC) has ruled that a woman’s admission of being in a relationship with a man does not imply consent to have sex.
It said that clear and convincing evidence is required on consent as a defense in cases involving sexual abuse or rape.
Reiterating its previous rulings, the SC said: “A love affair does not justify rape, for the beloved cannot be sexually violated against her will.”
With its ruling, the SC modified the Court of Appeals (CA) decision that affirmed the conviction of a man for violation of the Anti-Child Abuse law under Republic Act No. 7610, a lesser offense than rape.
Aside from redacting the name of the girl as the SC did, Manila Bulletin also redacted the name of the man in the decision, written by Associate Justice Jhosep Y. Lopez, posted in the SC website – sc.judiciary.gov.ph -- last June 25 under GR No. 264724.
The summary of the decision provided by the SC’s Office of the Spokesperson stated that one night, the man showed up at the victim’s house. Finding her alone, he insisted on having sex, but she refused because she was on her monthly period.
To accomplish his desire, he threatened the girl that he will show to her family a video of them kissing. Out of fear, she gave in.
When the grandmother of the girl found blood stains on her undershirt, the former asked what happened and the latter confessed that the man forced her to have sex.
A complaint was filed before the police.
During the court trial of the case, the man claimed that he did not force the girl to have sex with him because they were in a romantic relationship -- a defense known as the “sweetheart theory.”
The regional trial court convicted the man of sexual abuse under RA 7610. The trial court’s ruling was affirmed by the CA.
The man elevated the case to the SC which convicted him of rape under the Revised Penal Code. The SC said all the elements of the crime were present, including the use of threats and intimidation to force sexual intercourse.
It rejected the man’s defense under the “sweetheart theory” as it pointed out that being in a relationship does not grant the right to force sex.
The SC sentenced the man to reclusion perpetua or a maximum of 40 years in prison.
He was also ordered to pay the girl P225,000 in damages.
The dispositive portion of the SC decision: “Petitioner (the man) is guilty beyond reasonable doubt of rape under Article 266-A(l), in relation to Article 266-B of the Revised Penal Code, and is sentenced to suffer the penalty of reclusion perpetua. He is ordered to pay the private complainant the following amounts: (1) P75,000 as civil indemnity; (2) P75,000 as moral damages; and (3) P75,000 as exemplary damages. Legal interest at the rate of 6 percent per annum is imposed on all damages awarded from the date of finality of this Decision until fully paid.”