evidence. But I think we should understand that a husband cannot beat at his wife to have sex. Di
ha? I think that should be made clear. x x x.
xxxx
HON. ROCO: x x x [W]e are not defining a crime of marital rape. All we are saying is that if you're
[the] legal husband, Jesus Christ, don't beat up to have sex. I almost want, you are my wife, why do
you have to beat me up.
So, ganoon. So, if we both justify it that way in the Report as inferred in proviso, I mean, we can face
up, I hope, to the women and they would understand that it is half achieved.
HON. ZAMORA: I think, Raul, as long as we understand that we are not defining or creating a new
crime but instead, we are just defining a rule of evidence. x x x.
HON. ROCO: Then, in which case we may just want to clarify as a rule of evidence the fact that he is
husband is not, does not negate.111
CHAIRMAN LARA: x x x We all agree on the substance of the point in discussion. The only
disagreement now is where to place it. Let us clear this matter. There are two suggestions now on
marital rape. One is that it is rape if it is done with force or intimidation or any of the circumstances
that would define rape x x x immaterial. The fact that the husband and wife are separated does not
come into the picture. So even if they are living under one roof x x x for as long as the attendant
circumstances of the traditional rape is present, then that is rape.112
PRESIDING OFFICER ANGARA-CASTILLO: Mr. Chairman, x x x [t]his provision on marital rape, it
does not actually change the meaning of rape. It merely erases the doubt in anybody's mind,
whether or not rape can indeed be committed by the husband against the wife. So the bill really
says, you having been married to one another is not a legal impediment. So I don't really think there
is any need to change the concept of rape as defined presently under the revised penal code. This
do[es] not actually add anything to the definition of rape. It merely says, it is merely clarificatory. That
if indeed the wife has evidence to show that she was really brow beaten, or whatever or forced or
intimidated into having sexual intercourse against her will, then the crime of rape has been
committed against her by the husband, notwithstanding the fact that they have been legally married.
It does not change anything at all, Mr. Chairman.
PRESIDING OFFICER APOSTOL: Yes, I think, there is no change on this x x x.113
The paradigm shift on marital rape in the Philippine jurisdiction is further affirmed by R.A. No.
9262,114 which regards rape within marriage as a form of sexual violence that may be committed by a
man against his wife within or outside the family abode, viz:
Violence against women and their children refers to any act or a series of acts committed by any
person against a woman who is his wife, former wife, or against a woman with whom the person has
or had a sexual or dating relationship, or with whom he has a common child, or against her child
whether legitimate or illegitimate, within or without the family abode, which result in or is likely to
result in. physical, sexual, psychological harm or suffering, or economic abuse including threats of
such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is
not limited to, the following acts:
A. "Physical Violence" refers to acts that include bodily or physical harm;