Rape is a particular concern to everyone, especially to the victim. Still, for men who are falsely accused of such crime, it’s unfair not to consider the allegation of rape as a special concern. Indeed, one of the basic principles in rape cases is that an accusation of rape is easy to make, difficult to prove and even more difficult to disprove.
At the outset, let’s clear out the misconception that a rape victim could only be a woman. The law (Republic Act No. 8353, also known as the “Anti-Rape Law of 1997“) provides that rape may now be committed against men, not only against women. This is because rape, by definition, is committed by “any person who xxx shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.” This also means that rape is not only limited to the penetration of the male organ, but now includes other acts/objects stated in that definition. (To read more, please proceed here.)
It’s interesting to note that some accused, in order to avoid the penalty, seek to marry the victim. Marriage extinguishes criminal liability. However, just because two persons have a romantic relationship, or are married for that matter, does not mean that rape is no longer possible. Rape committed against the wife, commonly known as “marital rape”, is impliedly recognized by our law. Simply put, a husband or PinoyDad may be charged with rape by his wife or significant other. You may ask how could that be, when one of the “perks” in getting married is copulation. Fact is stranger than fiction, however, and there are instances that the wife, for reasons which you and I could only imagine, refuse to make love with her husband. The wife, of course, has a right to her own body and has the right to say no, and any husband that forces himself on his wife could be charged with rape.
Whether the allegation of marital rape would stand in court is a different matter altogether. Again, going back to the basic principle mentioned in the beginning — an accusation of rape is easy to make, difficult to prove and even more difficult to disprove.
