Lawyer reminds Robin Padilla on marital rape: No means no, it applies to all

As the hearing of the Senate Committee on Public Information and Mass Media on the allegation of sexual harassment in the media industry continues, family lawyer and women’s rights advocate Lorna Kapunan said rape can still be applied to married couples.

In Mav Gonzales’ "24 Oras" report on Thursday, Kapunan said even if the reason is as simple as a headache, rape still applies if her husband forces her to have sex with him.

“So yung dati po na sinasabi na obligasyon ng asawa na babae o lalaki na kapag ka humiling ang asawa lalaki o babae dapat pagbigyan, hindi na po yan?” Senator Robin Padilla said.

(Before, it was believed that it was a spouse’s obligation to give in to their partner's urges, that’s not the case anymore?)

“Pag sinabing no, no means no. (It) applies to both genders. Hindi siya pwede iforce ng asawa,” Kapunan replied.

(If they say no, no means no. It applies to both genders. They cannot force their spouse)

When Padilla asked what solutions can be done to satisfy the spouse’s urges and if it justifies cheating, Kapunan replied that it is a psychosocial issue and not a legal issue.

She added that there are some instances where a drunk person, or under drug influence, wanting to have sex with a spouse leads to violence.

“Out of ano lang po, urge. Nandyan asawa mo to serve you, ayaw niya. Ano para di ako mareklamo ng asawa ko? Anong pwede kong sabihin sa kanya?” Padilla said.

(It’s just out of urge. Their spouse is there to serve them but they refuse to do so. What should I do so that my spouse will not file a complaint against me? What should I say to her?)

“Counseling po ang kailangan. Magdasal na lang kayo,” Kapunan said.

(What is needed is counseling. You should just pray.)

Kapunan also explained that it is not the spouse’s obligation to serve their partner.

“We amended the family code to remove the obligation of obedience. That’s why it’s important yung issue ng mutual respect. If your spouse refuses, whether valid o hindi, respetuhin natin yung decision ng wife or nung husband in that case,” Kapunan said.

(We amended the family code to remove the obligation of obedience. That’s why it's important to tackle the issue of mutual respect. If your spouse refuses, whether it’s valid or not, we have to respect their decision.)

In the latest data of the National Demographic and Health survey in 2022, 2.3% of women experienced sexual violence from their spouses or partners.

The survey recorded the highest cases in the Bicol region, Ilocos region, and Mimaropa.

There is also separate data for those who experienced emotional violence and physical violence.

“Wag natin i-trivialize yung crime ng rape. Wag tayo magpilosopo kasi seryoso po yung allegations of rape. Even in this law, life imprisonment yan lalo na pag may qualifying circumstance,” Kapunan said.

(Let us not trivialize the rape crime. Let us take the allegations of rape seriously. Even in this law, it is punished by life imprisonment especially if there is a qualifying circumstance. —Mariel Celine Serquiña/LDF, GMA Integrated News