Marital Rape: Is the husband subject to legal liability for engaging in non-consensual sexual activity with his spouse within the legal framework of marriage?

Spouses are often seen as having the responsibility to procreate. Regrettably, the act of a husband forcing himself on his wife through rape is frequently dismissed as a minor domestic issue. This dismissal often occurs due to the antiquated notion that a wife is obligated to unconditionally fulfill her husband’s sexual desires.

Under Article 266-A of the Revised Penal Code, rape is committed:

1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:

a) Through force, threat, or intimidation;

b) When the offended party is deprived of reason or otherwise unconscious;

c) By means of fraudulent machination or grave abuse of authority; and

d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.

In the case of People of the Philippines vs. Edgar Jumawan , it was ruled that the definition of rape in Section 1 of R.A. No. 8353 pertains to: (a) rape, as traditionally known; (b) sexual assault; and (c) marital rape or that where the victim is the perpetrator’s own spouse. The single definition for all three forms of the crime shows that the law does not distinguish between rape committed in wedlock and those committed without a marriage. Hence, the law affords protection to women raped by their husband and those raped by any other man alike.

Clearly, it is now acknowledged that rape, as a form of sexual violence, exists within marriage. A man who penetrates her wife without her consent or against her will commits sexual violence upon her, and the Philippines defines and penalizes the act as rape under R.A. No. 8353.