Dear PAO,

The family of my girlfriend has been against our relationship from the beginning. I heard that they are now preparing to file a criminal action for rape against me. My girlfriend and I are both adults, and everything that happened between us was consensual. I intend to prove that we were in a relationship because of my honest belief that whatever happened between us was with her full consent. Would this be enough to absolve me from any criminal liability?

Macedonio

Dear Macedonio,

Rape is punishable under Article 266-A of Republic Act (RA) 8353, as amended by RA 11648. Section 1 of the said law provides that:

“Rape is committed:

“1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:

“a) Through force, threat, or intimidation;

“b) When the offended party is deprived of reason or otherwise unconscious;

“c) By means of fraudulent machination or grave abuse of authority; and

“d) When the offended party is under sixteen (16) years of age or is demented, even though none of the circumstances mentioned above be present: Provided, That there shall be no criminal liability on the part of a person having carnal knowledge of another person under sixteen (16) years of age when the age difference between the parties is not more than three (3) years, and the sexual act in question is proven to be consensual, non-abusive, and non-exploitative: Provided, further, That if the victim is under thirteen (13) years of age, this exception shall not apply. xxx

“2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person”.

In People of the Philippines vs. XXX, GR 233867. Feb. 28, 2022, Honorable Associate Justice Ramon Paul L. Hernando enumerated the elements of rape by sexual intercourse which are as follows: “(1) the accused had carnal knowledge of the victim; and, (2) the act was accomplished (a) through the use of force or intimidation, or (b) when the victim is deprived of reason or otherwise unconscious, or (c) when the victim is under 12 years of age or is demented”.

Raising relationship or sweetheart theory in rape cases is immaterial and the rationale was explained in Toralde vs. People of the Philippines, GR 254724, Feb. 3, 2025, where the Supreme Court, speaking through Honorable Associate Justice Jhosep Y. Lopez, stated that:

“Notwithstanding the proven fact of their relationship, this Court adds posthaste that this would not necessarily establish consent. As ruled in Olesco, it is insufficient to merely prove that the accused and the victim were lovers; it must likewise be shown via compelling evidence that the victim consented to the sexual relations: “[t]he second [element] is as important as the first [ element], because this Court has held often enough that love is not a license for lust.” Consistently, “a love affair does not justify rape, for the beloved cannot be sexually violated against her will.” Harping on this principle, this Court, in People v. Gecomo, held:

“It should be borne in mind that love is not a license for carnal intercourse through force or intimidation. Even granting that appellant and complainant were really sweethearts, that fact alone would not negate the commission of rape. A sweetheart cannot be forced to have sex against her will. From a mere fiancee, definitely a man cannot demand sexual submission and, worse, employ violence upon her on a mere justification of love. A man can even be convicted for the rape of his common-law wife. (Emphasis supplied, citations omitted)

“Prescinding from these concepts, the linchpin in successfully invoking the sweetheart defense is the victim’s consent to the sexual congress. Stated differently, in order to destroy the prosecution’s theory of rape, it is incumbent upon the defense to prove that the sexual intercourse was consensual”.

Applying the above-quoted decision to your situation, proving relationship or sweetheart theory will not absolve anyone from rape. Rape may still be committed even in the existence or non-existence of relationship. Relationship is not a defense, while, consent to sexual intercourse is. The existence of relationship also is not synonymous to consent to sexual intercourse. In order to destroy the theory of rape, the defense needs to prove consensual sex instead of relationship or sweetheart theory.

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]