MANILA — Gabriela Party List Rep. Arlene Brosas emphasized the need to raise awareness about the anti-rape law, following a recent exchange between Senate Committee on Public Information Chair Robinhood Padilla and lawyer Lorna Kapunan during what was supposed to be a hearing on the Sandro Muhlach sexual molestation case. The discussion veered into the topic of consensual sex within marriage.
“Doon ko lang naintindihan na parang kailangan talagang i-educate yung mga tao with regards to the anti-rape law,” Brosas told in a phone interview. “Ito very fundamental and very basic, di ba kapagka pinagusapan kung walang consent, di that’s rape.”
Brosas’ party list group is currently advocating for amendments to the anti-rape law that would broaden the definition of rape and presume the lack of consent. The proposal also seeks to repeal the forgiveness clause, which currently allows a rape case against a spouse to be dropped.
The Padilla-led hearing gained significant attention online after Kapunan stressed that consent is essential even in marriage. Kapunan explained that non-consensual sex could serve as grounds for annulment, citing psychological incapacity as a potential basis.
During the hearing, Padilla raised the issue of “sexual rights” in marriage, pointing out that individuals do not always have control over their sexual urges. He questioned Kapunan about the legal recourse for male spouses whose advances are rejected by their partners, asking, “Halimbawa po attorney siyempre di mo maalis sa mag-asawa na ang paniwala lalo kami ako meron kang sexual rights sa asawa mo eh so halimbawa di mo naman pinipili kung kailan ka yung in heat papaano yun pagka ayaw ng asawa mo?”
Kapunan responded by highlighting the importance of mutual respect, stating that no spouse is legally obligated to comply with their partner’s sexual demands if they refuse.
Padilla also noted that some men may feel frustration when their partners are not receptive to their advances. Kapunan acknowledged this, explaining that sometimes the “no” from a wife might be influenced by other factors, such as intoxication or drug use by the husband. Kapunan reiterated that respect and mutual consent are crucial in marriage.