Unbelievable theory

The crime of rape is essentially committed in relative isolation or even secrecy where the victim alone can testify with regard to the fact of forced sexual intercourse. Therefore in the prosecution of rape, the credibility of the victim is almost always the single and most important point to consider. This is illustrated in this case of Dina.

Dina was an 18-year-old high school graduate about 4 feet 9 inches in height and weighed 93.3 lbs. She was working as a housemaid in one of the houses in Quezon City. Considering however that she has a misunderstanding with a co-worker, she decided to look for another job. It was then when she met for the first time, at around 1 p.m., a security guard who was also working there, who introduced himself as Danny and helped her look for a job. Danny was 24 years old, 5 feet 6 inches in height and weighed 143.3lbs.

So at about 10 a.m. the following day, Dina went with Danny who brought her to a lodging house in Quiapo where his parents allegedly stayed so they can rest for a while. When they arrived at the place, which is actually a motel, Dina asked Danny if that was his parents house and he said “yes.” Then Danny shoved Dina inside the room, pushed her towards the bed, forced her to remove her clothes and went on top of her and stayed there for about 10 minutes. Despite Dina’s struggle to push Danny, the latter held her hands tightly and succeeded in having sexual intercourse with her.

Thereafter, Dina got dressed and went out of the room ahead of Danny who followed her and asked her where she is going. Dina did not complain to the nearest police station because she was ashamed and thought of bringing Danny to her cousin’s house in Antipolo. Danny agreed and the two rode a jeepney towards Cubao onto Cogeo.

Upon arrival at her cousin’s place, Dina told her relative in Visayan dialect about what Danny did and requested that they go to police precinct to file a complaint. So while Danny was watching TV, Dina and her cousin went to the police station where her sworn statement was taken. Then they returned accompanied by a police who accosted Danny. Danny went with the policeman to the police precinct for investigation. After Dina underwent medico-legal examination, where it was discovered that her hymen sustained shallow fresh laceration, a complaint for rape defined under Article 266-A of the Revised Penal Code as amended by RA 8353 was filed against Danny.

At the trial, Dina testified and narrated what happened to her as set forth above. For his defense, Danny testified and claimed that Dina was his girlfriend whom he was helping to look for another job. He said that Dina went with him the following day and looked for a lodging house where they checked in. Dina even contributed P25 for the P125 rental rate of the room for three hours. He said that Dina professed her love for him and they started kissing each other as they assisted each other in undressing themselves and then having sexual intercourse. The cashier of the lodging house also testified and said that both were happy when they checked in and it was Dina who even paid for the room.

But the lower court still found Danny guilty of rape and sentenced him to suffer the penalty of reclusion perpetua, as well as pay P50,000 civil indemnity, P50,000 moral damages and P30,000 exemplary damages. The court found Dina’s testimony more credible against the bare assertions of Danny who failed to adduce convincing proof showing existence of romantic relationship. And even assuming that they were lovers, the court said such relationship did not give him the license to sexually assault Dina by force and without her consent.

This decision was affirmed in toto  by the Court of Appeals. Subsequently, on appeal by Danny, said CA decision was also upheld by the Supreme Court (SC). The SC found Dina’s testimony more credible as opposed to Danny’s weak reliance on his sweet heart theory. The SC said that the “sweetheart defense” is effectively an admission of carnal knowledge of the victim and consequently places on Danny the burden of proving the alleged relationship. Danny failed to prove this. It is inconceivable that barely one day after meeting Dina, they were already in a relationship. Dina in fact agreed to go only because of Danny’s promise that he would help her look for another job.

Furthermore, the SC ruled that assuming they were in romantic relationship the sexual congress between them was done by force and without Dina’s consent. In determining whether or not the act was consensual and that no force was employed, circumstances as to age, size and strength of of the parties must also be looked into. In this case, Dina was only 18 years old at the time of the alleged rape, standing 4 feet 9 inches and weighed 93.3 lbs as compared to Danny who was 24 years old, stood 5 feet 6 inches and weighed 143.3 lbs. So Dina’s testimony that the bigger Danny pushed her to the bed, forcefully undressed her and succeeded in ravishing her is really more credible. The demeanor of Dina prior to during and after the incident revealed that she resisted the sexual advances of Danny to no avail because of the difference in their age, size and strength.

Danny is therefore really guilty as charged and should suffer the penalty and pay the damages imposed by the lower court (People vs. Rivera, G.R. 220508, September 4, 2013, 708 SCRA 187).

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