A husband who forces his wife to engage in sexual activities without her consent can be criminally charged and face imprisonment, according to Atty. Ma. Soledad Mawis, dean of the Lyceum of the Philippines University College of Law. Mawis emphasized in an ABS-CBN News report that marital rape is recognized under Philippine law, and such acts violate the Anti-Violence Against Women and Their Children Act of 2004.
Mawis clarified that a wife is not the property of her husband, and she has the right to refuse sexual advances. She cited a Supreme Court case, People of the Philippines vs. Edgar Jumawan, where the husband was convicted of raping his wife twice after she declined his advances. The court sentenced him to life imprisonment for each count of rape.
The discussion on marital rape gained attention following a Senate hearing where Sen. Robinhood Padilla questioned if a husband could force his wife to have sex if she is not in the mood. Family lawyer Lorna Kapunan responded, stressing the importance of mutual respect in a marriage. Mawis echoed this sentiment, advising husbands to accept their wives’ refusal and suggesting prayer as an alternative.
Sen. Padilla later apologized to those offended by the hearing, clarifying that he did not endorse forcing a spouse into sexual activities without consent. He also urged the public not to overreact to legislative discussions, which are part of policy formulation.