Gabriela: SC ruling in rape case adds 'very heavy layer of hardship' for victims

MANILA, Philippines — The recent Supreme Court decision that was a departure from the decades-old "women's honor" doctrine is a reflection of the growing misogynist culture in the Philippines, the women's rights group on Tuesday said.

 

The Gabriela Alliance of Women on Tuesday slammed the SC Third Division ruling that acquitted two men accused of rape. 

 

"This sadly dovetails into the violent anti-women policies of the [regime of President Rodrigo Duterte], whose frequent misogynist and cruel rape jokes are being taken as official doctrine and moral standard," Gabriela's Secretary General Joms Salvador said.

 

The SC, in a decision dated Jan. 17, 2018, held: "We should stay away from such mindset (women's honor doctrine) and accept the realities of a woman's dynamic role in society today."

 

The said doctrine states Filipino women "would not admit that they have been abused unless that abuse had actually happened."

 

READ: SC division acquits rape convicts, rejects 'Maria Clara' doctrine

 

Salvador added that with the recent ruling of the high court, "we can expect even more state forces and common criminals to quote his gospel for committing sexual violence and get absolved by the courts."

 

Criticisms against Duterte started even before he was elected to the presidency. During the election campaign, the mayor of Davao City joked that he should have been first in the rape of an Australian lay missionary.

 

The comment was later explained to mean Duterte wanted to be there first to save the missionary. In succeeding speeches, Duterte said that he wasn't joking when he said it.

 

While Duterte's remark drew criticism from women's and human rights' groups across the globe, the chief executive has continued to make light of women's rights and issues.

 

A few weeks ago, the chief executive said in a speech that Philippine soldiers should shoot women in their vagina, adding that it would render them "useless."

 

The remark landed Duterte in the headlines abroad, but Malacañang downplayed the remark. Presidential spokesperson Harry Roque said vaguely that the chief executive should be taken "seriously" but not "literally."

 

READ: Gabriela literally, seriously angry over Roque defense of 'vagina' remark

The group also warned of the SC decision "will now open floodgates to many more rapes."

 

Gabriela noted that with the recent SC division ruling, perpetrators will be emboldened to "abuse more women," confident that "courts will most likely dismiss rape cases."

 

The SC division, through the ruling penned by Associate Justice Samuel Martires, said that the "women's honor" doctrine "borders on the fallacy of non sequitur" (it does not follow).

 

While accounting that the doctrine held true when it was entered into court jurisprudence in the 1960s, the high court said that "today, we simply cannot be stuck to the Maria Clara stereotype of a demure and reserved Filipino woman."

 

But Salvador said that that is an "absurd basis for assuming that Filipino women's position in society has improved and are no longer prone to abuse by men."

 

Gabriela added that the SC ruling just added a "very heavy layer of hardship" for women seeking justice.

 

The contested SC ruling was issued by the SC's Third Division. However, Article VIII section 4(3) of the 1987 Constitution states that "no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc." 

 

"The Gabriela challenges the SC en banc [not] to be party to worsening of the already faulty system and desist from adding more burdens on women victims' access to justice," the statement further reads.