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SC: Relationship does not mean consent to sex

Daphne Galvez - The Philippine Star
SC: Relationship does not mean consent to sex
In a decision promulgated in February, the SC’s Second Division sentenced the accused to up to 40 years in prison and ordered him to pay the victim P225,000 in civil damages.
Philstar.com / Erwin Cagadas, file

MANILA, Philippines — The Supreme Court (SC) has convicted a man for raping a 14-year-old girl, saying being in a relationship does not imply consent to sex as “love does not justify rape.”

In a decision promulgated in February, the SC’s Second Division sentenced the accused to up to 40 years in prison and ordered him to pay the victim P225,000 in civil damages.

The high court modified the decision of the Court of Appeals (CA), which convicted the accused of sexual abuse.

Based on court records, the accused visited the victim in 2023 and insisted on having sex, threatening her that if she did not give in, he would show her family a video of them kissing.

During the trial, the accused said he did not force sex because he and the victim were in a romantic relationship, a defense known as the “sweetheart theory.”

The lower court found the accused guilty of rape, which was upheld by the CA.

He elevated the case to the SC, which “rectified” the decision of the lower court and convicted him of rape.

The high tribunal junked his defense, saying being in a relationship does not grant the right to force sex.

“Proving a romantic relationship is not enough. There must be clear evidence of consent,” the SC said. “Love is not a license for lust. A love affair does not justify rape, for the beloved cannot be sexually violated against her will,” the decision, penned by Associate Justice Jhosep Lopez, said.

SUPREME COURT

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