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| High Court: ?Sweetheart defense? not for a rapist
The Supreme Court has junked the appeal of a convicted rapist who banked on ?sweetheart defense? in asserting his innocence when he molested his aunt in 2000. In a decision penned by Associate Justice Leonardo Quisumbing, the SC affirmed the life sentence meted out by a regional trial court on Elmer Baldo who had been found guilty beyond reasonable doubt of raping his aunt on Feb. 10, 2000 in their rented house in Mambugan, Antipolo City. ?A love affair does not justify rape... and as wisely ruled in previous cases, a man does not have the unbridled license to subject his beloved to his carnal desires,? the ruling stated. The high tribunal rejected Baldo?s defense that there was no rape because he and the victim were lovers. ?Even if it were true that they were sweethearts, a love affair does not justify rape.? The decision noted that the ?sweetheart theory? or ?sweetheart defense? in rape cases could not stand on mere testimonial evidence. ?Independent proof is required?such as tokens, mementos, and photographs... and there is none presented here by the defense,? the ruling said. The prosecution filed three counts of rape against Baldo before the Antipolo City Regional Trial Court; he was found guilty in only one case in 2002. In his defense, Baldo claimed that there was no rape because he and the victim were lovers and what happened between them was consensual. When the Court of Appeals dismissed his petition, Baldo appealed the case to the Supreme Court. Wrapping up the case, the ruling said Baldo?s action gave him away. ?As long as the force or intimidation is present, whether it was more or less irresistible is beside the point. In this case, the presence of a fan knife on hand or by his side speaks loudly of Baldo?s use of violence, or force and intimidation.? Rey E. Requejo |
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