A ruling was issued by the Supreme Court (SC) stating a victim’s admission of being in a relationship with her abuser does not imply consent to sex as clear and convincing evidence of consent is still required.  

In a decision penned by Associate Justice Mario V. Lopez (retired) dated 3 February 2025, the SC’s Second Division found Jhopet Hernandez Toralde (Toralde) guilty of raping a 14-year old girl.

Record showed that one night, Toralde showed up unannounced at the victim’s house and finding her alone, he insisted on having sex, but she refused because she was on her period.

Due to the refusal, the accused threatened the woman that he would show her family a video of them kissing, thus out of fear, she gave in. 

Two days later, the victim’s grandmother noticed blood on her undershirt and asked her what happened. The victim then disclosed that Toralde had forced her to have sex, prompting them to report the incident to the police.

During the trial, the defense claimed that Toralde didn't force sex because he and the victim were in a romantic relationship – a defense known as the “sweetheart theory.”

The Regional Trial Court convicted Toralde of sexual abuse under the Anti Child Abuse Law (Republic Act No. 7610), a ruling later affirmed by the Court of Appeals. 

But the SC declared him guilty of rape under the Revised Penal Code, citing that all elements of the crime were present, including the use of threats and intimidation to force sexual intercourse.  

Toralde’s sweetheart defense was rejected by the high bench, affirming that being in a relationship does not grant the right to force sex. 

It stressed that proving a romantic relationship is not enough, there must be clear evidence of consent. “Love is not a license for lust,” the SC added, “and a love affair does not justify rape, for the beloved cannot be sexually violated against her will.” 

Toralde was sentenced to suffer the penalty of reclusion perpetua, or a maximum of 40 years in prison, and ordered to pay the victim P225,000 in damages.