Men can also be victims of sexual violence, SC rules

The Supreme Court has emphasized that men can also be victims of sexual violence, stressing that laws must protect all survivors of abuse regardless of gender.

In a decision dated 4 February 2026, penned by Senior Associate Justice Marvic Leonen, the Supreme Court en banc upheld the conviction of a woman who sexually abused her 11-year-old nephew in 2018.

The Court found the woman guilty of statutory acts of lasciviousness under Article 336 of the Revised Penal Code, modifying earlier rulings that convicted her under Republic Act No. 7610, or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act.

Court records showed that the woman sexually abused the child while he was visiting relatives. The boy was subsequently diagnosed with post-traumatic stress disorder after undergoing psychological evaluation and therapy.

The accused argued that the child had consented to the sexual act, but the Supreme Court rejected her defense, noting that the boy was only 11 years old at the time and legally incapable of giving consent.

Under the law in effect in 2018, the age of sexual consent was 12. This was subsequently raised to 16 under Republic Act No. 11648, enacted in 2022.

The Court explained that the woman could not be convicted of rape under the law applicable at the time because its definition of rape through sexual intercourse was limited to acts committed by men against women.

However, the 2022 amendment introduced gender-neutral language, providing that rape may be committed by a person who has carnal knowledge of another person under circumstances specified by law.

The Supreme Court noted that the revised wording theoretically allows women to be held liable for rape, although judicial interpretations of carnal knowledge have continued to reflect traditional definitions involving male offenders and female victims.

The justices also criticized outdated assumptions that portray women exclusively as victims and men exclusively as perpetrators.

The Court traced these attitudes to historical rape laws rooted in patriarchal beliefs, which treated women as the property of their fathers or husbands rather than recognizing their bodily autonomy.

It stressed that such stereotypes could prevent male victims from recognizing abuse and seeking legal protection.

“Thus, while there must be recognition of the historical injustice women have suffered, the law, as well as its interpretation, must be resilient enough to provide equal protection to all victims and guard against stereotypes that all women are victims and all men are perpetrators. When laws are not gender-neutral, male victims suffer twice: once at the hands of their abuser and second through the judicial system,” the Court said.

The woman was sentenced to imprisonment ranging from nine years, four months and one day to 16 years, five months and nine days.

She was also ordered to pay P150,000 in civil indemnity, P50,000 in moral damages and P50,000 in exemplary damages.

The ruling underscores the need to recognize sexual violence as an offense that can affect anyone, regardless of gender, while ensuring that legal protections reflect the experiences of all victims.