MANILA, Philippines (Updated 3:55 p.m.) — Sen. Robin Padilla on Monday said his remarks during a discussion on marital rape last week are not based on his personal experience.
At a previous Senate committee hearing on sexual abuse in the media industry, Padilla asked lawyer Lorna Kapunan for the definition of rape.
This question led to Padilla’s controversial line of inquiry, which included a question on what a man could do to compel his wife to have sex with him when she is not in the mood, but he is.
In a statement on Monday, Padilla apologized for those who were offended by his statements. He insisted that these were merely hypothetical situations.
“Ang aking mga katanungan po ay hypothetical base sa sentimiento at realidad ng mga pang-karaniwang Pilipino. Hindi po ito mula sa aking mga personal na gawain, paniniwala o karanasan,” Padilla said.
(My questioning was hypothetical and based on the sentiments and realities of ordinary Filipinos. This did not come from my personal doings, beliefs, and experiences.)
Padilla said that their inquiry on marital rape should be guided, and sensitive issues like this must be discussed to fix the law. He said that sex between a married couple has effects on the mental, emotional and physical wellbeing of their relationships.
The rookie senator also apologized during the weekend, but he was still insistent that his line of questioning was valid.
“‘Wag po tayo maging sensitive sa pagdinig sapagkat yun po ang ibig sabihin ng hearing,” Padilla said in a Friday evening statement.
(Let us not be sensitive in hearings because that is what hearings are for.)
Padilla’s wife, Mariel Rodriguez, came to her husband’s defense amid an inline backlash that followed his viral comments. She posted a photo of them kissing with the caption, “oh may consent yan.” (This has consent.)
To which Padilla replied “Hello babe, I’m in heat.”
The exchange prompted more online criticism from netizens, with many deeming the couple’s comments as insensitive to victims of marital rape.
'Anyone could be a victim of rape'
The Philippine Commission on Women (PCW) said that under the expanded Anti-Rape Law, anyone could be a victim of rape, regardless of gender.
In a similar vein, men and women could be convicted of rape. However, there is a higher incidence of girls and women being raped, said the commission.
The PCW also said that rape is possible between a husband and wife.
"It is possible that a man may rape his own wife, an act deemed as 'marital rape.' The penalty for rape in general may apply on the offender who commits marital rape," the PCW said on its website.
In the landmark case of the People of the Philippines Vs. Edgar Jumawan, the Supreme Court ruled that a husband can rape his wife. The regional trial court convicted had Jumawan for raping his wife twice, which the Court of Appeals affirmed.
Prior to this case, the Supreme Court said that former Chief Justice Ramon Aquino had ruled that husbands could not be guilty of raping his wife unless they are legally separated.
Aquino was said to have adhered to old marriage exemption rules from Matthew Hale, a 17th Century Chief Justice from England. Hale's ruling was observed in the United States for several decades.
However, in the case against Jumawan, the Supreme Court said that the Philippines had joined the United Nations Convention on the Elimination of all Forms of Discrimination Against Women in 1981.
"The Philippines assumed the role of promoting gender equality and women's empowerment as a vital element in addressing global concerns.The country also committed, among others, to condemn discrimination against women in all its forms, and agreed to pursue, by all appropriate means and without delay, a policy of eliminating discrimination against women," the Supreme Court said in its ruling.