Supreme Court Clarifies Ruling on Proof of Resistance in Rape Cases

- Advertisement -

Victims of rape are no longer required to prove resistance if the crime was committed through force, threats, or intimidation.

This clarification comes from a recent Supreme Court (SC) ruling.

- Advertisement -

In a June 2024 decision penned by Associate Justice Maria Filomena Singh, the SC upheld the conviction of a father who was found guilty of repeatedly raping his daughter from the ages of nine to sixteen.

The SC reaffirmed Article 266-A of the Revised Penal Code, which defines rape as occurring when sexual intercourse is forced, threatened, or coerced; when the victim is unconscious; through deception or abuse of authority; or when the victim is under 12 years old or suffers from a mental disability.

The SC clarified that in cases where rape happens under these conditions, the mere occurrence of the sexual act is sufficient to establish the crime.

Additionally, the SC overturned its previous stance, which implied that a woman must prove resistance to claim she was raped.

- Advertisement -

The High Court emphasized that such views perpetuate misguided stereotypes, gender bias, and insensitivity.

The ruling also dispelled the notion that failure to resist implies consent, stating that this belief is unacceptable in modern society.

Furthermore, the SC highlighted that, in many cases, the perpetrator is someone the victim knows or is close to, such as a family member.

In cases where a child is abused by a parent, the victim is unlikely to resist due to the abuser’s physical and moral authority.

- Advertisement -

Latest

ICC registry confirms addition to FPRRD’s defense team, no Filipino lawyers included

THE HAGUE, Netherlands – The International Criminal Court (ICC)...

Mount Kanlaon Erupts, Triggers Ashfall in Negros – Phivolcs

The Philippine Institute of Volcanology and Seismology (Phivolcs) confirmed...

Philippines Urges Myanmar to Allow Search Team for Missing OFWs After 7.7 Quake

The Philippine government has formally requested Myanmar to permit...

DepEd Approves 30-Day Flexible Leave for Teachers This Summer

The Department of Education (DepEd) has announced a 30-day...

DSWD Chief Orders Probe into Alleged Exploitation of Mentally Challenged Individuals in Pasig Campaign

Department of Social Welfare and Development (DSWD) Secretary Rex...

Newsletter

Senator Imee Marcos Opens PRISAA Games 2025, Vows Support for Filipino Athletes

Senator Imee Marcos formally opened the 2025 National Private Schools Athletic Association (PRISAA) Games on Saturday, April 5, in Tuguegarao City, Cagayan. The opening ceremony...

De Lima Says Constitution, Not Supreme Court, Should Compel Congress to Pass Anti-Dynasty Law

Former Senator Leila De Lima believes that it is the Constitution—not the Supreme Court—that should compel lawmakers to pass legislation banning political dynasties. De Lima...

Stray Dog Turned ‘Employee’ with Company ID Goes Viral in Rizal

A mixed-breed stray dog named “Puti” has gone viral on social media after being spotted wearing an employee ID at a hardware store in...