no person or class of persons shall be denied the same protection of laws, which is enjoyed, by other persons or other classes in like circumstances.127 As above discussed, the definition of rape in Section 1 of R.A. No. 8353 pertains to: (a) rape, as traditionally known; (b) sexual assault; and (c) marital rape or that where the victim is the perpetrator's own spouse. The single definition for all three forms of the crime shows that the law does not distinguish between rape committed in wedlock and those committed without a marriage. Hence, the law affords protection to women raped by their husband and those raped by any other man alike. The posture advanced by the accused-appellant arbitrarily discriminates against married rape victims over unmarried rape victims because it withholds from married women raped by their husbands the penal redress equally granted by law to all rape victims. Further, the Court adheres to and hereby adopts the rationale in Liberta in rejecting the argument akin to those raised by herein accused-appellant. A marriage license should not be viewed as a license for a husband to forcibly rape his wife with impunity. A married woman has the same right to control her own body, as does an unmarried woman.128 She can give or withhold her consent to a sexual intercourse with her husband and he cannot unlawfully wrestle such consent from her in case she refuses. Lastly, the human rights of women include their right to have control over and decide freely and responsibly on matters related to their sexuality, including sexual and reproductive health, free of coercion, discrimination and violence.129 Women do not divest themselves of such right by contracting marriage for the simple reason that human rights are inalienable.130 In fine, since the law does not separately categorize marital rape and non-marital rape nor provide for different definition or elements for either, the Court, tasked to interpret and apply what the law dictates, cannot trudge the forbidden sphere of judicial legislation and unlawfully divert from what the law sets forth. Neither can the Court frame distinct or stricter evidentiary rules for marital rape cases as it would inequitably burden its victims and unreasonably and irrationally classify them differently from the victims of non-marital rape. Indeed, there exists no legal or rational reason for the Court to apply the law and the evidentiary rules on rape any differently if the aggressor is the woman's own legal husband. The elements and quantum of proof that support a moral certainty of guilt in rape cases should apply uniformly regardless of the legal relationship between the accused and his accuser. Thus, the Court meticulously reviewed the present case in accordance with the established legal principles and evidentiary policies in the prosecution and resolution of rape cases and found that no reversible error can be imputed to the conviction meted the accused-appellant. The evidence for the prosecution was based on credible witnesses who gave equally credible testimonies In rape cases, the conviction of the accused rests heavily on the credibility of the victim. Hence, the strict mandate that all courts must examine thoroughly the testimony of the offended party. While the accused in a rape case may be convicted solely on the testimony of the complaining witness, courts are, nonetheless, duty-bound to establish that their reliance on the victim's testimony is justified. Courts must ensure that the testimony is credible, convincing, and otherwise consistent with human

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents