THE Supreme Court has ruled that being in a relationship is not a reason to force a woman to have sex without consent
In a decision penned by SC Associate Justice Jhosep Lopez, the accused, Jopet Hernandez Toralde, was found guilty of rape after forcing a 14-year-old girl to have sex with him using threats.
According to court records, Toralde went to the victim’s house while her family was away.
The accused insisted on having sex with the victim and even threatened that he will show to the victim’s family a video of them kissing if she did not agree.
During the trial, the defense argued that Toralde did not force the victim to have sex because they were allegedly in a romantic relationship — a defense known as the “sweetheart theory.”
Toralde was initially convicted of sexual abuse by the Regional Trial Court, later upheld by the Court of Appeals, but the SC raised the case to rape under the Revised Penal Code.
Toralde was sentenced to reclusion perpetua (up to 40 years in prison) and ordered to pay P225,000 in damages to the victim.