When Can a Claim of Consensual Sex Be Overcome in Rape Cases?

n

G.R. No. 114901, May 29, 1997

n

Imagine being in your home, a place where you should feel safe, only to be confronted by an armed intruder who subjects you to a terrifying ordeal. This is precisely the scenario that unfolded in People v. Soriano, a case that underscores the complexities of rape cases and the crucial role of witness credibility in securing a conviction. The Supreme Court affirmed the lower court’s decision, highlighting the importance of evaluating the complainant’s testimony and the accused’s dubious defenses.

nn

The Law on Rape: Force, Intimidation, and Credibility

n

In the Philippines, rape is defined under Article 266-A of the Revised Penal Code, as amended, as the carnal knowledge of a woman under any of the following circumstances:

n

n
• By using force or intimidation;

n

• When the woman is deprived of reason or otherwise unconscious; and

n

• When the woman is under twelve (12) years of age or is demented.

n

n

The essence of rape is the lack of consent. The prosecution must prove beyond reasonable doubt that the act was committed against the woman’s will, either through force, threat, or intimidation. The credibility of the complainant becomes paramount, especially when the accused claims the act was consensual.

n

Article 266-A of the Revised Penal Code explicitly states the ways in which rape is committed. It is crucial to note that force or intimidation doesn’t always mean physical violence; it can also include psychological coercion that compels the victim to submit against her will.

n

For example, if a man threatens to harm a woman’s family if she doesn’t comply with his sexual demands, this constitutes intimidation, even if he doesn’t physically assault her before the act.

nn

The Chilling Details of People v. Soriano

n

The case revolves around Hilda Acio, who, along with her friend Lesley Oania, stayed the night at her grandmother’s house. In the early morning hours, Lito Soriano, reeking of liquor and armed with a bolo, entered the house and awakened Hilda. He claimed to be seeking refuge after committing a murder.

n

Here’s a breakdown of the events that led to Soriano’s conviction:

n

n
• Intrusion and Intimidation: Soriano, armed with a bolo, entered the house and warned the occupants, including Hilda, her friend, and her elderly grandmother, not to disclose his presence.

n

• Forced Submission: He ordered Hilda to sit beside him, kissed her, and touched her breasts, all while brandishing the bolo.

n

• Escalation and Assault: When Hilda refused to comply, Soriano smothered her grandmother’s face with a pillow and demanded that Hilda open the door.

n

• The Rape: Soriano then dragged Hilda to the kitchen, pinned her against the wall, and forcibly removed her clothes before raping her.

n

n

Hilda immediately reported the incident, and a medical examination revealed abrasions and contusions consistent with her account. Soriano, on the other hand, claimed that he and Hilda were sweethearts and that the intercourse was consensual. He even alleged that he had seen Hilda with another man days before the incident.

n

The Court noted that Soriano’s testimony was inconsistent and unbelievable.