Senator Robinhood Padilla, once known as the “bad boy” of Philippine cinema, recently sparked a debate on marital consent during a Senate probe into sexual harassment and abuse in the media industry. The discussion took a surprising turn when Padilla asked if a husband could compel his wife to have sex even if she was unwilling.
Padilla, who is leading the investigation, sought clarification from lawyer Lorna Kapunan, a renowned women’s and children’s rights advocate, on the current legal definition of rape, particularly within marriage.
Kapunan responded unequivocally, emphasizing that consent is paramount, even between married couples. “No means no,” she asserted, explaining that a wife’s refusal must be respected.
Padilla appeared taken aback by the notion, questioning what a husband could do if his wife refuses intimacy. “Mayroon kang sexual rights sa asawa mo. So halimbawa, hindi mo naman pinipili ‘yung ‘in heat’. So paano ‘yun kung ayaw ng asawa mo? So wala pong ibang paraan talaga? Para ma-ano ‘yung lalaki, so paano ‘yun, mambabae ka na lang ba?” Padilla asked during the hearing.
Kapunan maintained that respect is a fundamental part of marital love and that forcing a spouse to have sex could be grounds for annulment. “With all due respect, hindi po obligasyon ng isang wife, sabi mo is to ‘serve the husband’,” she stated, highlighting that respect and mutual obligation are the cornerstones of a healthy marriage.
Kapunan further suggested counseling or even simply watching Netflix as alternatives when faced with such situations, emphasizing that the right to refuse applies to both spouses.
