19/09/2024
The Supreme Court has ruled that in cases of r**e committed by force, threat, or intimidation, it is not required to prove that the victim resisted.
It is enough that such force, threat, or intimidation existed and was strong enough to prevent the victims from asserting their will, determined from the victims’ perspective.
The Court clarified that previous Decisions stating that a woman cannot claim to be a r**e victim unless she resisted are contrary to current doctrine. These pronouncements also tend to reinforce misguided stereotypes that perpetuate gender bias and insensitivity. The right of women to autonomy and bodily integrity should be recognized and respected.
The belief that if a woman does not resist, then she consents to the r**e is unacceptable in any civilized society. It presumes that men are entitled to free access to a woman’s body at any given time and place.
“Rape is perhaps the only crime where the trial often focuses on the conduct of the victim instead of that of the accused. The need to prove lack of consent often becomes a question of the victim's behavior, her history, and her conduct before, during, and after the r**e as implying that some women can be ‘bad enough’ to be r**ed while others, because of their background, choices, and conduct, are simply lying when they claim that they were r**ed. It is time to strike down such uninformed and ignorant views,” the Court stressed.
Read the full press release: https://sc.judiciary.gov.ph/sc-proof-that-victim-resisted-not-required-in-r**e-cases/
Read the full text of the Decision: https://sc.judiciary.gov.ph/266706-people-of-the-philippines-vs-zzz/
