Moral ascendancy over victim

amounts to force, intimidation in rape

cases
 0
BY PERSIDA ACOSTA ON AUGUST 16, 2017DEARPAO
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Persida Acosta

Dear PAO,
My best friend alleges that she was raped by the live-in partner of her mother, who is not
her biological father. He had been abusing her for many years already. This year, she
got pregnant and already disclosed the matter to her mother. Her mother’s live-in
partner would insist that he will never be convicted of rape because for the many years
that something happened between them, my friend never retaliated. He said no actual
force attended the ordeals and he is certain my friend can never prove any. He was
telling her mother that everything was consensual and because of this she got pregnant.
My best friend is so afraid now. Is her abuser correct in his assessment of the matter?
Sincerely yours,
Trinalyn

Dear Trinalyn,
The case of People of the Philippines vs. Tito M. Amor (G.R. No. 216937, June 5, 2017),
penned by Associate Justice Noel Tijam, can help in enlightening your friend in her
situation. It clearly stated:

“And even assuming arguendo that AAA failed to resist, the same does not necessarily
amount to consent to accused-appellant’s criminal acts. It is not necessary that actual force
or intimidation be employed; as moral influence or ascendancy takes the place of violence
or intimidation. Jurisprudence holds that the failure of the victim to shout for help does not
negate rape. Even the victim’s lack of resistance, especially when intimidated by the
offender into submission, does not signify voluntariness or consent. In the cases of People
v. Ofemaniano and People v. Corpuz, it has been acknowledged that even absent any
actual force or intimidation, rape may be committed if the malefactor has moral ascendancy
over the victim. Considering that accused-appellant was the common-law spouse of AAA’s
mother, and as such, he was exercising parental authority over AAA. Indeed, in this case,
moral ascendancy is substituted for force and intimidation.” (Emphasis supplied)
Obviously, your friend not retaliating for the abuses from her mother’s partner does not
mean that she consented to the abuses.

As clearly stated in the case, his being the common-law husband of her mother entails
“moral ascendancy.” As such, even if no actual force or violence attended the situation or
that the victim failed to shout during the ordeal, rape may still be committed. Hence, your
friend may pursue a rape case against her mother’s partner.

Again, we find it necessary to mention that this opinion is solely based on the facts you
have narrated and our appreciation of the same. The opinion may vary when the facts are
changed or elaborated.