SC rules romantic relationship does not justify rape
Trigger warning: This article contains mentions of sexual assault.
The Supreme Court ruled that a victim's admission of being in a relationship with the abuser does not imply consent to sex.
In the decision by Associate Justice Jhosep Y. Lopez made public on June 25, the High Court's second division found a certain Jhopet Hernandez Toralde guilty of raping a 14-year-old girl.
In 2017, Toralde showed up unannounced at the victim's house, who was alone at the time. He insisted on having sex, but the girl refused because she was on her period. The man later threatened the victim that he would show her family a video of them kissing, which prompted the teenager to comply out of fear.
Two days later, the victim's grandmother asked ther about the blood on her undershirt, leading to the 14-year-old confessing Toralde had forced her to have sex. The victim's family reported the incident to the police.
In the trial, Toralde's camp claimed that it was not forced sex because he and the victim were in a romantic relationship, a defense known as the "sweetheart theory." However, the SC declared him guilty of rape, citing "all elements of the crime were present, including the use of threats and intimidation to force sexual intercourse."
The High Court rejected Toralde’s sweetheart defense, asserting that a romantic relationship is not a right to force sex, and there must be clear evidence of consent.
“Love is not a license for lust,” the SC added, “and a love affair does not justify rape, for the beloved cannot be sexually violated against her will.”
The Regional Trial Court convicted Toralde of sexual abuse under the Anti-Child Abuse Law (Republic Act No. 7610), which the Court of Appeals later affirmed.
Toralde was sentenced to reclusion perpetua, or a maximum of 40 years in prison, and ordered to pay the victim P225,000 in damages.
