B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman
or her child. It includes, but is not limited to:
a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as
a sex object, making demeaning and sexually suggestive remarks, physically
attacking the sexual parts of the victim's body, forcing her/him to watch obscene
publications and indecent shows or forcing the woman or her child to do indecent
acts and/or make films thereof, forcing the wife and mistress/lover to live in the
conjugal home or sleep together in the same room with the abuser;
b) acts causing or attempting to cause the victim to engage in any sexual activity by
force, threat of force, physical or other harm or threat of physical or other harm or
coercion;
c) Prostituting the woman or child.
Statistical figures confirm the above characterization. Emotional and other forms of non-personal
violence are the most common type of spousal violence accounting for 23% incidence among evermarried women. One in seven ever-married women experienced physical violence by their husbands
while eight percent (8%) experienced sexual violence.115
IV. Refutation of the accused-appellant's arguments
The crux of the accused-appellant's plea for acquittal mirrors the irrevocable implied consent theory.
In his appeal brief before the CA, he posits that the two incidents of sexual intercourse, which gave
rise to the criminal charges for rape, were theoretically consensual, obligatory even, because he and
the victim, KKK, were a legally married and cohabiting couple. He argues that consent to copulation
is presumed between cohabiting husband and wife unless the contrary is proved.
The accused-appellant further claims that this case should be viewed and treated differently from
ordinary rape cases and that the standards for determining the presence of consent or lack thereof
must be adjusted on the ground that sexual community is a mutual right and obligation between
husband and wife.116
The contentions failed to muster legal and rational merit.
The ancient customs and ideologies from which the irrevocable implied consent theory evolved have
already been superseded by modem global principles on the equality of rights between men and
women and respect for human dignity established in various international conventions, such as the
CEDAW. The Philippines, as State Party to the CEDAW, recognized that a change in the traditional
role of men as well as the role of women in society and in the family is needed to achieve full
equality between them. Accordingly, the country vowed to take all appropriate measures to modify
the social and cultural patterns of conduct of men and women, with a view to achieving the
elimination of prejudices, customs and all other practices which are based on the idea of the
inferiority or the superiority of either of the sexes or on stereotyped roles for men and women.117 One
of such measures is R.A. No 8353 insofar as it eradicated the archaic notion that marital rape cannot
exist because a husband has absolute proprietary rights over his wife's body and thus her consent to
every act of sexual intimacy with him is always obligatory or at least, presumed.
Another important international instrument on gender equality is the UN Declaration on the
Elimination of Violence Against Women, which was Promulgated118 by the UN General Assembly
subsequent to the CEDA W. The Declaration, in enumerating the forms of gender-based violence