The Supreme Court (SC) has affirmed that men and boys can also be victims of sexual violence, stressing that protection against sexual abuse must extend to all individuals regardless of gender.
In a decision penned by Senior Associate Justice Marvic Leonen, the SC en banc upheld the conviction of a woman found guilty of acts of lasciviousness against her 11-year-old nephew.
The case stemmed from a 2018 incident when the boy was visiting relatives on his father’s side.
According to court records, the woman woke the child, instructed him to remove his clothes and lie on her bed before engaging in sexual intercourse with him.
The boy initially did not resist because he was curious about what was happening. However, the incident later caused him severe emotional distress, shame and suicidal thoughts.
Following psychological debriefing and supportive psychotherapy, the child was diagnosed with post-traumatic stress disorder resulting from the sexual abuse.
The Regional Trial Court and the Court of Appeals found the woman guilty of acts of lasciviousness in relation to Republic Act 7610, or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act.
In appealing her conviction, the woman argued that the child had consented to the sexual act.
The Supreme Court rejected the argument, explaining that the age of sexual consent under the law applicable in 2018 was 12 years old.
Since the victim was only 11 at the time, he was legally incapable of giving consent.
The Court also recognized the psychological harm suffered by the child, noting that the abuse left him traumatized and burdened with shame and guilt.
It further observed that the woman had led the boy to believe he had agreed to and enjoyed the sexual act, adding to his emotional distress.
The SC pointed out that if the genders of the offender and victim had been reversed, the incident would have constituted rape.
However, the Court explained that the acts committed did not fall within the legal definition of rape under the law in effect when the offense occurred.
The Supreme Court consequently upheld the woman’s conviction for acts of lasciviousness, sentencing her to imprisonment ranging from nine to 16 years.
She was also ordered to pay a total of Php 250,000 in civil indemnity and damages.
The ruling underscores that sexual violence is not limited to female victims and that children must be protected from abuse regardless of their gender.
