Wednesday, February 15, 2006

The Sweetheart Theory

Since today is Valentines Day, love is definitely in the air. And since there is love, passion is not too far behind. Careful, careful – if things passionately blow out of proportion – someone might cry RAPE.
There are a few available defenses to a rape charge: The rape never happened; it happened, but someone else committed the crime; or it wasn't rape, but consensual sex.
The latter defense is what is known as “The Sweetheart Theory”. “A Sweetheart Theory” as an affirmative defense must be established by convincing proof. The defendant must present any credible evidence to prove the supposed intimate relations between the two of them such as love letters, gifts etc. The burden of proof is on the defendant to prove that he and the victim are sweethearts, otherwise such defense shall be considered as purely self-serving and carries no evidentiary weight at all.
For the latest SC decision on sweetheart theory, click here.


  1. Happy Valentine to you and your love ones.

  2. mr lastude, what if the offender is a woman, can a man cry rape?

  3. You might want to look into this he-said she-said rape case that was decided by the SC in 2003 or 2004; she said it was rape aided by the accused's use of a intoxicating agent (but no independent proof of this was ever presented in court); he said it was a one-night stand. No other witnesses save themselves.

    How is review coming along?

  4. andrea,

    happy valentines too, sorry for replyin' late.


    yes, a man can cry rape if there is insertion in an anal orifice as provided in Art. 266B(?) of RPC. It is know as the rape of the second kind.

    atty paul,

    im trying to spend some more quality time reading, i just hope that i have enough ammos this coming bar.

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