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JUMAWAN GR # 187495 APRIL 21, 2014


KKK: wife of herein Accused-appellant EDGAR JUMAWAN W/N there can be marital rape HUSBANDS DO NOT HAVE PROPERTY RIGHTS OVER WIVES’ BODIES
- Executed Complaint-Affidavit for rape (Dec 3) and for boxing her shoulder - Infringement on equal protection clause since no rational basis for
for refusing to have sex with him (Dec 12) distinguishing marital and non-marital rape
- That conjugal intimacy did not really cause marital problems until later into o Law does not distinguish between rape committed in wedlock
marriage when he started to be brutal in bed and those committed without a marriage
o One night, KKK fixed the matrimonial bed but did not lie thereon - Rape, as a form of sexual violence, can exist within marriage.
but instead rested in a cot near the bed, which angered him. When o RA 9262: Violence against women and their children refers to any act or
he threw the cot against the wall, KKK stood up and transferred to a series of acts committed by any person against a woman who is his wife
the bed (where the rape happened) […] within or without the family abode […].
- Accused denied the rape and alleged that KKK merely fabricated it as o UN Declaration on Elimination of Violence Against Women: For
revenge because he took over the control and management of their business the purpose of this Declaration, the term "violence against women"
and to cover up her extra-marital affairs. means any act of gender-based violence that results in, or is likely to
result in, physical, sexual or psychological harm or suffering to women,
including threats of such acts, coercion or arbitrary deprivation of
liberty, whether occurring in public or in private life
- 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.