PEOPLE v.
JUMAWAN
FACTS
KKK: wife of herein Accused-appellant EDGAR JUMAWAN
- Married with 4 children
- Executed Complaint-Affidavit for rape (Dec 3) and for boxing her shoulder
for refusing to have sex with him (Dec 12)
- That conjugal intimacy did not really cause marital problems until later into
marriage when he started to be brutal in bed
o One night, KKK fixed the matrimonial bed but did not lie thereon
but instead rested in a cot near the bed, which angered him. When
he threw the cot against the wall, KKK stood up and transferred to
the bed (where the rape happened)
- Accused denied the rape and alleged that KKK merely fabricated it as
revenge because he took over the control and management of their business
and to cover up her extra-marital affairs.
GR # 187495 APRIL 21, 2014
ISSUES RULING
W/N there can be marital rape HUSBANDS DO NOT HAVE PROPERTY RIGHTS OVER WIVES’ BODIES
AND THAT IMPLIED CONSENT DUE TO MARRIAGE UNTENABLE
- Infringement on equal protection clause since no rational basis for
distinguishing marital and non-marital rape
o Law does not distinguish between rape committed in wedlock
and those committed without a marriage
- Rape, as a form of sexual violence, can exist within marriage.
o RA 9262: Violence against women and their children refers to any act or
a series of acts committed by any person against a woman who is his wife
[…] within or without the family abode […].
o UN Declaration on Elimination of Violence Against Women: For
the purpose of this Declaration, the term "violence against women"
means any act of gender-based violence that results in, or is likely to
result in, physical, sexual or psychological harm or suffering to women,
including threats of such acts, coercion or arbitrary deprivation of
liberty, whether occurring in public or in private life
- A marriage license should not be viewed as a license for a husband to
forcibly rape his wife with impunity. A married woman has the same right
to control her own body as does an unmarried woman.