The Supreme Court (SC) ruled that being in a relationship does not grant the right to force sex, as clear and convincing evidence of consent is still required.
In a decision written by Associate Justice Jhosep Y. Lopez, the SC’s Second Division found Jhopet Hernandez Toralde guilty of raping a 14-year old girl. He was sentenced to a maximum of 40 years in prison, as well as ordered to pay the victim P225,000 in damages.
Toralde had shown up unannounced at the house of the victim, who was alone. He insisted on having sex, but the victim refused since she was on her period. In response, Toralde threatened to show the victim’s family a video of them kissing, prompting the latter to give in out of fear.
During the trial, Toralde’s defense claimed that he didn’t force the victim to have sex with him since they were in a romantic relationship, a defense known as the “sweetheart theory.”
The Regional Trial Court (RTC) convicted Toralde of sexual abuse under the Anti-Child Abuse Law, which the Court of Appeals (CA) later affirmed.
However, the SC declared Toralde guilty of rape under the Revised Penal Code. It cited that all elements of rape were present, including the use of threats and intimidation to force sexual intercourse.
The High Court rejected Toralde’s sweetheart defense, affirming that a victim admitting to being in a relationship with their abuser does not mean they consented to having sex. Rather, there must also be clear evidence of consent, as proving a romantic relationship is not enough.
