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The Sweetheart Doctrine and Its Inapplicability
The Sweetheart Doctrine and Its Inapplicability
The Sweetheart Doctrine and Its Inapplicability
whereas the word “Love” itself seems not appropriate to even exist in the
1987 Constitution, and yet, there it stands, despite legal debates and
arguments. The word "Love", in the 1987 constitution, as human love is
ultimately perceived of, means the highest and strongest expression of the
will of an individual, or a form of metaphoric glue that binds the nation
together in times of calamity or war. As it is present in the Constitution, it is
occasionally considered as a form of inherent consent in times of crime.
1) By a man who shall have carnal knowledge of a woman under any of the following
circumstances:
1
Preamble ,The 1987 Constitution, The Constitution Of The Republic Of The Philippines
2
Art. 266-a, Philippine Revised Penal Code, as amended by RA 8353
2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof,
shall commit an act of sexual assault by inserting his penis into another person's mouth or anal
orifice, or any instrument or object, into the genital or anal orifice of another person.
Now the second paragraph of the provision states that any person,
who under any circumstances commits the act of sexual assault to the
victim. Any person, as the law has stated, would be committing rape if there
was no consent given, but as stated by M.J. Anderson3,
“the crime of rape is perhaps even more problematic for all concerned when the
assailant is someone known and trusted by the victim-such as a friend, a relative, or worst
of all, a spouse. It is obviously most difficult to prove lack of consent in a spousal rape
situation, and frequently victims of spousal rape will not report the crime”
Hale’s statement, at that time, was led to the false belief that a
woman’s consent is inherent from the moment they entered into the
contract of marriage with their spouse, based off from centuries-old notions
that women were a form of chattel to their husbands. The view of women
improved during the Industrial Age, as there were additional rights provided
for women, such as permitting them to be a part of the work force that was
usually dominated by males and retain the income they have earned from
their labor.
3
Anderson, M.J., Lawful Wife, Unlawful Sex-Examining The Effect Of The Criminalization Of Marital Rape In
England And The Republic Of Ireland, Engaged Scholarship@CSU, 1995
4
Hale, Sir William, p.628, Historia Placitorium Coronae, 1st American Edition, Vol.1, 1847