Relationship alone cannot justify rape – Supreme Court

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'Love is not a license for lust... and a love affair does not justify rape, for the beloved cannot be sexually violated against her will,' the SC says in its ruling

Trigger warning: Mentions of rape, sexual assault

MANILA, Philippines – In a ruling, the Supreme Court (SC) reiterated that a victim’s relationship alone with an abuser cannot be used to justify rape.

In a decision penned by Associate Justice Jhosep Lopez, made public by the High Court on Wednesday, June 25, clear and convincing evidence of consent is still required in rape cases.

“It (Supreme Court) stressed that proving a romantic relationship is not enough – there must be clear evidence of consent. ‘Love is not a license for lust… and a love affair does not justify rape, for the beloved cannot be sexually violated against her will,'” the High Court said.

The case stemmed from a crime involving a certain Jhopet Hernandez Toralde, who was accused of raping a 14-year-old girl.

According to the SC, Toralde showed up in the victim’s house one night. There, he insisted on having sex with the teenager who was alone at the time.

The latter refused because she said she was on her period, but the abuser threatened her. Toralde said he will show the teen’s family a video of them kissing.

“Out of fear, she gave in,” the SC said.

Two days later, the victim’s grandmother noticed blood on her undershirt. The teen confessed that Toralde had forced her to have sex. The family then reported the incident to the police.

The Regional Trial Court found Toralde guilty of sexual abuse under the anti-child abuse law or Republic Act No. 7610. The Court of Appeals later affirmed the abuser’s conviction.

In the trial, Toralde defended himself by claiming that he did not force the minor to have sex with him because they were in a relationship. This defense is known as the “sweetheart defense.”

However, this defense has two elements, under the People v. Bautista case. First, the accused and the victim must be proven to be lovers, and second, the victim should have consented to the alleged sexual relations. Meaning – consent is still required.

When Toralde’s case reached the High Court, the SC found him guilty of rape, noting that all elements of the crime – including the use of threats and intimidation to force sexual intercourse – were present.

The SC also meted Toralde the penalty of reclusion perpetua or jail time of up to 40 years, and ordered him to pay the victim P225,000 in damages. – Rappler.com