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Relationship doesn't mean consent to sex — SC division


Relationship doesn't mean consent to sex — SC

The Supreme Court (SC) has convicted an individual for the rape of his 14-year-old partner, saying that the victim’s admission of being in a relationship does not imply consent to sex. 

In a 20-page decision, the SC Second Division found him guilty of rape, convicting him to suffer the penalty of reclusion perpetua or up to 40 years of imprisonment. A lower court initially found him guilty of sexual abuse.

The Court did not give weight to his argument that his sexual relations with AAA was consensual and voluntary as they were in a relationship, a defense that the SC called the “sweetheart theory.”

“Notwithstanding the proven fact of their relationship, this Court adds posthaste that this would not necessarily establish consent,” the SC said.

“As ruled in Olesco, it is insufficient to merely prove that the accused and the victim were lovers; it must likewise be shown via compelling evidence that the victim consented to sexual relations,” it added.

The Court said that the man insisted on having sex with the victim, but she refused as she was on her period. He then threatened her to show her family a video of them kissing, leading her to give in out of fear.

A few days later, the victim’s grandmother noticed blood on her undershirt and asked her what happened. The victim divulged that the man forced her to have sex.

They then reported the incident to the police.

Both the regional trial court and the Court of Appeals found the man guilty.

According to the Court, it found no doubt in AAA’s credibility given her straightforward and candid testimony that the man took advantage of her.

 “A love affair does not justify rape, for the beloved cannot be sexually violated against her will,” the SC said.

Meanwhile, the SC  ordered the man to pay the victim P75,000 as civil indemnity, P75,000 as moral damages, and P75,000 as exemplary damages with a legal interest of 6% per annum from the date of finality of the decision until fully paid.

The decision, penned by Associate Justice Jhosep Lopez, was promulgated in February 2025 and published in June 2025. — RSJ, GMA Integrated News