Spontaneous and mutual act

Can a husband be criminally held liable of raping his own wife? This is the question raised and answered in this case of Stella and Jimmy.

Stella met Jimmy at the farm of her father where Jimmy’s father was one of the laborers. After one year of courtship, they got married. At that time, Jimmy was only a high school graduate while Stella was an elementary graduate.

When their first child Nina was born, the couple put up a sari-sari store. Later on they also engaged in several other businesses particularly trucking, rice mill and hardware. Stella managed the businesses except the rice mill which was supposed to be under Jimmy’s supervision with the help of a trusted employee although in actuality he merely assisted therein by driving one of the trucks to haul goods. Indeed it was Stella who was keener to make their business flourish and actively managed them because she wanted to provide a comfortable life for their four children, two girls and two boys.

After almost 20 years of marriage, their businesses flourished so they bought a house and lot in a first class subdivision located in the capital city of their province. Three of their children – daughters Nina, Olga and son, Jun – transferred residence there, while Jimmy, Stella and the other son Ben remained in their hometown. Stella shuttled between the two places regularly, sometimes accompanied by Jimmy. Later on however she stayed in the city residence most of the days of the week. She goes to their hometown in mid week only to procure supplies but would return back to the subdivision on the same day.

During the first 20 years of their marriage, conjugal intimacy between the couple was both frequent and fulfilling, so it did not cause marital problems between them. In fact Jimmy treated her well and Stella of course responded with equal enthusiasm. But after 22 years of marriage, Jimmy started to be brutal in bed, apparently because Stella opted to stay in their house in the city. He would immediately remove her panty and engage in love making without any foreplay which was physically painful for her. So she would physically resist his sexual ambush but he would threaten her into submission.

Jimmy’s abridged method of lovemaking and Stella’s preoccupation and concern with the financial problems of their business somehow led to their conjugal spat. Jimmy complained that Stella failed to attend to him and he wanted her to stay home because a “woman must stay in the house and be only good in bed.” But Stella disobeyed his wishes and focused on her goal of providing a good future for their children.

Under this conjugal situation, the two incidents of forced sexual intercourse happened as they were about to celebrate their 23rd wedding anniversary.  In the first incident, Stella voluntarily went with Jimmy into their bedroom but chose to stay in a cot beside the bed. So Jimmy ordered her to sleep beside him in their conjugal bed by violently throwing the cot where she was resting. Stella obeyed so as not to aggravate his temper. But once in bed, Jimmy intimated for them to have sex. When she rejected his advances due to abdominal pain and headache, Jimmy stubbornly insisted. Stella refused to yield and held her panties but Jimmy forcibly pulled them down and tore it apart. She reiterated that she was not feeling well and begged him to stop. But no amount of resistance or begging subdued him until he was able to satisfy his lust, by flexing her two legs apart, gripping her hands and mounting her. She continued pleading but she never desisted.

After the appalling episode in the conjugal bedroom the previous night, Stella decided to sleep in the children’s bedroom. While Nina and Olga were fixing the beddings, Jimmy barged into the room and berated Stella for refusing to sleep in their bedroom. When Stella insisted to stay in the children’s bedroom, Jimmy got mad and pulled her up. Nina’s attempt to pacify him further enraged Jimmy who told her that as head of the family he could do whatever he wants to their mother. To assert his authority he ordered the children to go out of the room and thereafter proceeded to force Stella into sexual intercourse. He forcibly pulled down her shirt pants and panties as Stella begged “Don’t do that to me, my body is still aching and also my abdomen and I cannot do what you wanted me to do. I cannot withstand sex. But her pleas fell on deaf ears as Jimmy still removed his clothes and spread Stella’s legs, held her hands, mounted her and succeeded in gratifying himself. After that he dressed up and left the room as he chuckled; It’s nice, that is what you deserve because you are a flirt and fond of sex.”

It took about 4 months before Stella filed a complaint for rape because it was only then when she learned that a husband forcing his wife to submit to sexual intercourse is considered rape. So after the necessary preliminary investigation, two counts of rape were filed against Jimmy.

During the trial, Stella testified and vividly recounted and accurately recollected the two incidents above set forth. Nina and Olga also testified and substantiated the significant points of their mother’s narration. Their testimonies coherently depicted that Jimmy, through the use of force and intimidation, had non-consensual and forced carnal knowledge of his wife Stella on said two nights.

Jimmy however spun another tale. He said he was at their other house during those nights and that Stella merely fabricated the rape as her revenge because he took over the control and management of their businesses. She was also trying to cover-up her extramarital affairs and would just like to have their property already divided between them with her getting the three fourths. Furthermore, he contended that there was implied consent on the part of Stella since they were legally married and cohabiting couple.

(Next week: The court’s ruling)

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