SC: "No rape if victim enjoyed it too"

PHOTO SOURCE: Alvesgaspar; 10 September 2015, 13:14:42; The Rape of Proserpina (detail), by Bernini. Galleria Borghese, Roma;
Simply pointing at the accused as the perpetrator is not enough to establish the crime of rape. There has to be clear and convincing evidence to prove the allegation that the person charged had carnal knowledge of the complainant against her will. In the case at bar, Elena's testimony, the only basis of conviction by the trial court, fails to convince us that Joel indeed raped Elena. When describing the act of rape, Elena gave the impression that she was a ready and a willing "victim". Thus, when Joel entered their house, "(he) carried me then he lay me down, Sir, in a makeshift bamboo bed, Sir, in our yard" (tsn, July 29, 1994, p. 14). She then injected the element of involuntariness: "I struggled, but he was not able to free me and he said that if I could not satisfy him, he will kill me" (ibid.). No guns, knives or any deadly instrument were employed by Joel in allegedly threatening Elena. Moreover, when asked if she enjoyed what Joel did to her, Elena answered —

A. Yes, Sir.

Q. ADDRESSING THE COURT: May I make it of record, your Honor, that the witness was laughing when she answered "yes" to the question. (tsn, July 29, 1994, p. 29)

In the crime of rape alleged to have been committed by force, it is imperative for the prosecution to establish that the element of voluntariness on the part of the victim be absolutely lacking. (People vs. Subido, 253 SCRA 196 [1996]). One cannot be forced to have sex and at the same time enjoy it. This is simply unnatural and not in accord with ordinary human experience.
Complainant confuses impregnation with rape. Thus,

Q. Madam Witness, why did you not file a rape against Fortun? x x x x x x x x x
A. Because Fortun has no son to me, Sir. x x x x x x x x x
Q. (But) when your parents found out that you were pregnant you pointed to Joel Lamarroza.
A. Yes, Sir.
Q. And why did you not point to Fortun as the father of your child you are carrying?
A. No, Sir, because it is not his son, and besides he did not have similar face with it.
Q. So the reason why you pointed to Joel Lamarroza as the father of your child is because he has physical similarities with Joel Lamarroza. Is it not?
A. Yes, Sir. (tsn, July 29, 1994, pp. 24, 28.)

Rape is defined under Article 335 of the Revised Penal Code as having carnal knowledge with a woman by using force or intimidation, or when she is deprived of reason, or otherwise unconscious, or when the woman is under 12 years old. Pregnancy is certainly not an element of the crime (People vs. Malapo, G.R. No. 123115, August 25, 1998; People vs. Sta. Ana, supra). However, obviously scandalized and embarrassed by Elena's "unexplained" pregnancy, her family cried "rape". (G.R. No. 126121; November 24, 1998)

PROJECT JURISPRUDENCE'S NOTE: Isn't it that sexual pleasure can be involuntary? This is the same phenomenon experienced by people being tickled without their consent. Even if they don't want to laugh, they have no choice as this is a natural reaction of the human body.

Moreover, this ruling by the Honorable Supreme Court departs from the theory that there is rape as long as there is no consent or withdrawal of consent. Hence, rape is committed when there is carnal knowledge and there is no consent at the very beginning. There is also rape even if the victim agreed to have carnal knowledge from the start but withdraws such consent in the middle of intercourse while the perpetrator refuses to stop the sexual activity.

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