LICENSE REVOKED by DAVID ROBERT C.

AQUINO

Commentary

Rape is one of the crimes categorized by our penal laws belonging to crimes against person. Our
judiciary interprets the embodiment of rape in actual cases and explains the different situations where
evidence is material. In that manner, accused came up with a defense called sweetheart theory which
our High Court describes as “much abused defense that rashly derides the intelligence of the Court.”

Attorney David Robert Aquino expounds the view of the so-called sweetheart theory in his paper
entitled License Revoked. He repeatedly highlights that “Love is not a license for lust” to overthrow the
sweetheart theory. In his paper, he sighted many decisions penned by the High Court of the Philippines
in connection with cases of rape where the accused avails the defense of relationship between him and
her victim – the sweetheart theory.

To avail such defense, it is not enough to attest to the relationship but it must be supported by
documents, pictures, mementos and testimonies, other than the accused, which would establish,
arguendo, the relationship between the accused and the victim. But despite such evidences, as pointed
out by Attorney Aquino, “love is not a license for lust.” Also, the gravamen of rape is the carnal
knowledge of the accused against the victim without the latter’s consent.

To be fair with the accused, Attorney Aquino also commented on the probability that the accused is just
instituting a case against the accused for personal grief. But a victim would not usually allow herself to
be placed on public trial and bear the humiliation and public scrutiny of narrating her ordeal that
violated her person.

To summarize the paper of Attorney Aquino – rape is a personal attack. It takes without asking, defiles
without remorse, injures without conscience. It is that part of man’s evil nature personified in an instant
defilement. As the High Court aptly said – it is akin to a wolf dressed in sheep’s clothing but when shorn
of its accoutrements is nothing but plain old lust. A love affair does not justify rape for a man does not
have the unbridled license to subject his beloved to his carnal desires against her will.