If there's a rape case decided in a court of justice, the accused usually provide myriad defenses with the help of his lawyer. Of all these defenses, the sweetheart defense in rape cases is always used. In other words, it's the most popular defense. I've known this years ago after reading tons of criminal cases to digest. So, what's the sweetheart theory or the sweetheart defense in rape cases? Basically, it's about providing evidences that the rape victim and the accused are sweethearts or lovers when the crime is committed. Many accused provide love letters to support such claim.
In People vs. Ayuda, G.R. No. 128882, October 2, 2003, the Supreme Court ruled that: "A sweetheart defense to be credible, should be substantiated by some documentary or other evidence of the relationship-like mementos, love letters, notes, pictures and the like.Here, no such evidence is presented by appellant." It really depends of the evidences presented by an accused and the decision of the judge after series of hearings.
6 comments:
I would rather ask this question .. what percentage of "rape cases" where trashed because of sweetheart defense. . isn't it a wife can likewise cry "rape" nor a prostitute. How can mementos, love letters substantiate that there was no rape happened during that very moment. Am thrilled to know . . am not a lawyer. .
okey am I in the wrong blog hahaha! I feel like whew I need a dextrose please...
Nice blog. Keep it up!+_+
well,stil no 1 can answer my questions-
wen the court says that a statement of a rape victim is credible,specialy to minors.
and they always say that its becoz of its straight forward terms...
and anyone could file a rape case today!
they said Y?SHOULD A FEMALE GO IN SUCH PROCEDURE LIKE MEDICO LEGAL,INFRONT OF PUBLIC TRIAL,PRESENTING ITS SELF TO ANYONE TO SUCH CHAOS.
ETC.
so therz no such ting is a balance trial,if they would only listen to the victim...i dnt mean to say that im against the law,but im just curious!y?a trial court is lyk diz always base on my reseach....
if the judge always believe in such,terms of a victim-allow me to give me an example.
a president,a pope,a senador,a justice,a judge,or everyone can be convicted,in just a single statement of the victim of rape....without proof?
a tale of fake rape-or frame up!
a man that is very angry upon the mentioned positions...
and wiling to have a revenge in a different maner,the man looked for the qualified,acting victim,a minor who is just 11yr old..and paid a higher amount just to sue a man--
the minor is trained wel to lie,and was a prostitute...and she is very fit to accuse anyone,a rape,charge..
-very dramatic.
-very clean and clear ind statements
-doesnt care for the public.
-and wiling to take down a mans life by her undoubtful act,and convincing maner!..using her age.and dramatic accusations.
so everyone can be a convicted,rapist due to its believe,that.
ANG BATA AY DI MARUNONG MAGSINUNGALING...
before judging todays value of any rape case-in manerz,acused has the right,to act diferently,due to its charges!
i sugest-a proof is a proof!
a statement is just a statement-
no bias both are alowed to this..just make sure,that it has proper document..to such claim of both parties..
If i may, it is difficult to prove rape because it is a private crime! why would a criminal rape a victim where there are witnesses? Secondly, a victim usually presents medico legal certificate to prove she was raped, however a medical certificate is not always reliable because: one, the doctor who conducted the examination wouldn't be sure if what was inserted in the victim's vagina is a blunt object or the penis itself. what the doctor can detect are only the scars from injury. especially when the lacerations have healed. Some victims take time before reporting to authorities because of FEAR and SHAME. Some victims do not even have lacerations, why? Because hymen is elastic! can be stretched by vigorous exercise or not be broken at all but it doesn't mean she was not raped.so even if you subject the victim to medico legal, it is not 100% fool proof. so ano na ang evidence ng kawawang victim if you will omit the testimony, wala ngang witness and if the medical certificate reveals old healed lacerations na?
Yes, there can be "fake" victims but how can we know for sure? some accused also use alibi lang without proof.
If i may, it is difficult to prove rape because it is a private crime! why would a criminal rape a victim where there are witnesses? Secondly, a victim usually presents medico legal certificate to prove she was raped, however a medical certificate is not always reliable because: one, the doctor who conducted the examination wouldn't be sure if what was inserted in the victim's vagina is a blunt object or the penis itself. what the doctor can detect are only the scars from injury. especially when the lacerations have healed. Some victims take time before reporting to authorities because of FEAR and SHAME. Some victims do not even have lacerations, why? Because hymen is elastic! can be stretched by vigorous exercise or not be broken at all but it doesn't mean she was not raped.so even if you subject the victim to medico legal, it is not 100% fool proof. so ano na ang evidence ng kawawang victim if you will omit the testimony, wala ngang witness and if the medical certificate reveals old healed lacerations na?
Yes, there can be "fake" victims but how can we know for sure? some accused also use alibi lang without proof.
Post a Comment