Love relationship does not justify rape — SC

Metro Manila, Philippines - A victim’s admission of being in a relationship with the abuser does not justify rape and a “clear and convincing” consent is a must for engaging in sexual activity, according to a ruling of the Supreme Court (SC).

The court said in a statement that its Second Division found one Jopet Hernandez Toralde guilty of raping his 14-year-old girlfriend.

It said Toralde insisted on having sex with the minor despite her refusal. To convince his victim, he threatened to reveal to her family a video of them kissing, adding that the victim gave in “out of fear.”

Days later, the victim told her grandmother that Toralde forced her to have sex which prompted them to report it to the police.

During the trial, the court noted that Toralde’s camp said sex was not forced as he and the victim were in a romantic relationship — a common argument known as the “sweetheart theory.”

The Regional Trial Court eventually convicted Toralde of sexual abuse under the anti-child abuse law. This was affirmed by the Court of Appeals, while the SC declared him guilty of rape under the Revised Penal Code.

The SC said “all elements of the crime were present, including the use of threats and intimidation to force sexual intercourse.”

“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 in its decision.

The court said proof of a romantic relationship does not grant the abuser the right to force sex, emphasizing that there must be clear evidence of consent.

Toralde will serve time for up to 40 years and was ordered to pay the victim P225,000 in damages.