Unique case

This is another case of rape which is quite unique. Rape is usually committed by having sexual intercourse with the victim without her consent because it is done with the use of force, violence, threat or intimidation. But if force, violence or intimidation has not been employed, can it still be proven that there is no consent to the sexual intercourse on the part of the victim? This is answered and explained in this case of Pedring.

Pedring is 58 years old, a well known fortune teller and faith healer. Among those who consulted him, is Lily, a 33-year-old former beauty queen who is married to Gino with two children. Lily consulted Pedring accompanied by her mother-in-law when she suspected that Gino is no longer attracted to her and is already having an affair with another woman. She submitted herself to a ritual performed by Pedring supposedly to protect her against the possibility of losing her husband to another woman. For this purpose, Lily was made to drink a potion for the next two days. On the second day, Pedring even told Lily to bring a picture and unwashed clothes of Gino which he would cleanse of evil spirits. On the third day however, Pedring brought Lily to a cave and started touching her private parts. Instinctively Lily protested, stood up, zipped close her pants and angrily rejected Pedring’s proposal for sexual intercourse. As a substitute for sexual intercourse Pedring offered a potion to drink which Lily agreed to take. Thereafter, she felt dizzy and weak. And while remaining conscious, she lost control of herself, so Pedring was able to have sexual intercourse with her.

After reporting the incident to her brother and to her mother-in-law, a complaint for rape was filed against Pedring, one and a half days or 36 hours later.  Lily was then examined through pap smear by a neuro-psychiatrist and specialist who confirmed the truth of her statements. On the other hand, Pedring alleged impossibility of rape being committed due to the absence of male sperm on Lily and that Lily consented to the sexual intercourse.

The trial court however found Pedring guilty of rape and sentenced him to reclusion perpetua and to pay moral damages. On appeal, the Supreme Court affirmed the decision of the trial court. The SC said that absence of spermatozoa does not necessarily mean that the victim has not in fact been raped. Thirty six hours is long enough for the spermatozoa to have already died. Based on medical opinion, the organism may not last more than 24 hours. Besides there is also the possibility of an unsuccessful emission on the part of Pedring being already 58 years old, or Lily may also have washed herself to prevent conception, said the SC.

The SC also ruled that Pedring undoubtedly committed the crime by depriving Lily of reason to be able to have carnal knowledge of her. Lily did not for a moment tolerate the indecent acts of Pedring by instantly drawing herself away from him and protested when Pedring started to touch her private parts. She also angrily rejected Pedring’s proposal to have sexual intercourse. If Lily had consented to the sexual intercourse, she would not have angrily rejected said proposal instead of reporting the incident to her brother and mother-in-law, fully aware that proper complaint would be filed followed by medical examination and the ordeal of a public trial in which she would expose her honor and reputation. The absence of any motive to place in jeopardy her prized possession of womanly virtue gives solid credibility to her testimony (People vs. Bautista, G.R. 49778, January 27, 1981)

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