Dear Atty. Gab,

Musta Atty! Gab,

I’m writing to you today with a heavy heart about my friend, Maria. A few nights ago, she was visiting an acquaintance, Ben, at his apartment. Things took a terrible turn when he made unwanted advances. Maria clearly said no, but Ben became aggressive, cornered her, and threatened her, saying he knew where she lived and worked and could make her life difficult if she didn’t comply. He didn’t physically injure her badly – no bruises or cuts – but he overpowered her and violated her.

Maria told me she froze completely out of fear because of his threats and his size. She didn’t scream or fight back much because she was terrified of what he might do. She managed to leave afterwards, completely shaken. She only confided in me three days later because she felt so ashamed, confused, and scared of Ben making good on his threats. She hasn’t gone to the police or barangay yet.

Now, Ben is telling mutual friends that everything was consensual and that Maria is just regretting it. He’s even making comments about her past dating life, trying to make her look bad. Maria is devastated and worried. She wants to seek justice but fears that because she didn’t report it immediately, didn’t fight back strongly, has no visible injuries, and Ben is attacking her character, no one will believe her. Will these factors automatically dismiss her claim in the eyes of the law? What weight does her testimony carry against his claims of consent, especially given the circumstances?

We would be grateful for any guidance you can provide.

Sincerely,
Katrina Agustin

Dear Katrina,

Thank you for reaching out and for supporting your friend, Maria, during this incredibly difficult time. Please extend my deepest empathy to her. What she experienced is serious, and her feelings of fear, shame, and confusion are completely understandable responses to such trauma.

It’s crucial for Maria to know that Philippine law and jurisprudence address the very concerns she has. The absence of strong physical resistance, a delay in reporting, the lack of visible injuries, and attempts by the perpetrator to discredit the victim do not automatically invalidate a rape accusation. The core element the courts scrutinize is whether the sexual act occurred without consent, often established through force, threat, or intimidation. A victim’s credible and consistent testimony detailing the non-consensual nature of the act holds significant weight, often becoming the single most important factor in these cases.

Understanding How Philippine Law Views Consent and Credibility in Assault Cases

The primary law governing rape in the Philippines is the Revised Penal Code. Specifically, Article 266-A defines how rape is committed, stating that it occurs when a man has carnal knowledge of a woman through means such as force, threat, or intimidation. This is fundamental to Maria’s situation. The law explicitly recognizes that consent can be vitiated – or invalidated – not just by physical force, but also by threats or acts that instill fear in the victim.

A common misconception, often exploited by perpetrators, is that a victim must fiercely resist for rape to have occurred. However, Philippine jurisprudence consistently refutes this notion. The courts understand that fear can paralyze a person, rendering them unable to fight back or cry out. The presence of a threat, especially one involving potential future harm as Ben made, can constitute the intimidation required by law. As the Supreme Court has noted in various decisions laying down guiding principles:

“Physical resistance need not be established in rape when threats and intimidation are employed, and the victim submits herself to her attacker because of fear… Failure to shout or offer tenacious resistance does not make voluntary the victim’s submission to the perpetrator’s lust.”

This means Maria’s freezing in fear is a legally recognized response to intimidation. The focus shifts from the victim’s reaction to the perpetrator’s actions that caused the fear and negated consent. Furthermore, the law does not mandate a specific way a victim must react:

“Rape victims react differently. Some may offer strong resistance while others may be too intimidated to offer any resistance at all… Thus, the law does not impose upon the private complainant the burden of proving resistance.”

Another concern Maria has is the delay in reporting. Again, the courts are mindful of the complex emotional and psychological aftermath of sexual assault. Shame, fear of disbelief, fear of retaliation, and confusion are valid reasons why a victim might not immediately report the crime. A delay, especially one of only a few days explained by such valid reasons, generally does not destroy the victim’s credibility.

“jurisprudence is replete with holdings that delay in revealing the commission of a crime such as rape does not necessarily render such charge unworthy of belief. This is because the victim may choose to keep quiet rather than expose her defilement to the cruelty of public scrutiny. Only when the delay is unreasonable or unexplained may it work to discredit the complainant.”

Ben’s attempts to attack Maria’s character are unfortunately a common tactic. However, the law is clear that a person’s past or perceived moral character does not grant anyone the right to violate them. Consent must be given freely and specifically for each sexual act.

“in rape cases, the moral character of the victim is immaterial. Rape may be committed not only against single women and children but also against those who are married, middle-aged, separated, or pregnant.”

Ultimately, the determination of guilt hinges heavily on the credibility of the testimonies presented. The trial court is in the best position to observe the demeanor of witnesses and assess their truthfulness. If Maria provides a clear, consistent, and convincing account of the events, detailing the threats, her fear, and the lack of consent, her testimony can be sufficient for conviction, even against a defense of consent and in the absence of significant physical evidence.

Practical Advice for Your Situation

• Encourage Reporting: Gently encourage Maria to report the incident to the police (specifically the Women and Children Protection Desk, if available) or the barangay. Reporting creates an official record and is the first step toward legal action.
• Document Everything: Advise Maria to write down everything she remembers about the incident as soon as possible – the sequence of events, specific threats made by Ben, any communication before or after, and the date she told you. Details matter.
• Preserve Evidence: If there was any digital communication (texts, messages) with Ben before or after the incident that might be relevant, she should save it securely.
• Credibility is Key: Reassure Maria that her consistent and truthful testimony detailing the threat and her resulting fear is powerful evidence. Lack of visible injury doesn’t mean lack of crime.
• Seek Support: Recommend seeking emotional and psychological support from a counselor, therapist, or a trusted support group specializing in assisting survivors of sexual assault. This is crucial for her well-being and recovery.
• Legal Consultation: Strongly advise Maria to consult with a lawyer specializing in violence against women cases. A lawyer can explain the legal process, help her prepare her affidavit, and represent her interests effectively. Public Attorney’s Office (PAO) or women’s legal aid groups can be options if finances are a concern.
• Ignore Character Attacks: Remind her that Ben’s attempts to slander her are irrelevant to whether he obtained her consent at that specific time. The law protects everyone from sexual assault, regardless of their past or reputation.

Maria’s situation is undoubtedly challenging, but she is not without legal recourse. The law recognizes the complexities of sexual assault, including the impact of fear and intimidation. Her voice and her testimony are powerful tools for seeking justice.

Hope this helps!

Sincerely,
Atty. Gabriel Ablola

For more specific legal assistance related to your situation, please contact me through gaboogle.com or via email at connect@gaboogle.com.

Disclaimer: This correspondence is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please schedule a formal consultation.