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The Supreme Court (SC) has ruled that a victim’s admission of being in a relationship with her abuser does not imply consent to sex, emphasizing that clear and convincing evidence of consent is always required.
In a decision penned by retired Associate Justice Mario V. Lopez and dated 3 February 2025, the SC’s Second Division found Jhopet Hernandez Toralde guilty of raping a 14-year-old girl.
Court records show that Toralde arrived unannounced at the victim’s house one night. Finding her alone, he insisted on having sex, but she refused, citing her menstrual period. According to testimony, Toralde then threatened to show her family a video of them kissing, and out of fear, she relented.
Two days later, the victim’s grandmother noticed blood on her undershirt and questioned her. The victim disclosed that Toralde had forced her to have sex, prompting them to report the incident to the police.