The Gabriela group welcomed the Supreme Court’s decision recognizing cases of attempted rape as crimes. In its decision, the court said that genital contact between the victim and suspect is not a necessary basis to prove the case of attempted rape. According to the women’s group, “this strengthens legal protection for women and children against sexual abuse.”

“For too long, women and child victims have faced additional trauma and further revictimization when forced to prove physical contact in cases where the perpetrator’s intent to rape was clear but interrupted by circumstances or intervention,” Gabriela secretary general Clarise Palce said.

In the Supreme Court decision announced on March 27, the court reversed the decision of the Regional Trial Court (RTC) and the Court of Appeals (CA) which tried the suspect for the lighter crime of “unjust vexation.”

The case involved two incidents in 2013 where a father raped his daughter and attempted to rape her again three weeks later. The RTC and CA convicted the suspect of one count of rape and one count of unjust vexation, instead of attempted rape.

Unjust vexation, based on Article 287 of the Revised Penal Code, is any behavior that, despite not inflicting physical harm, causes annoyance to an innocent person. The penalty for this is imprisonment from one to 30 days and/or a fine of ₱1,000 to ₱40,000.

In the RTC decision upheld by the CA, no attempted rape occured because the victim managed to hit her father in the stomach with her knee to escape.

The SC decision proved the RTC and CA wrong because attempted rape happened when the suspect started to take steps in his plan to rape. Attempted rape by carnal knowledge does not require the suspect’s genital contact with the victim’s body.

By reversing the RTC and CA decisions, the high court confirms that the suspect’s actions, including removing the victim’s underwear and positioning himself to rape, “had constituted clear steps toward rape,” according to Gabriela.

“The high court’s ‘landmark’ decision was a significant step forward in our justice system’s understanding of sexual violence. Justice for women and children should not depend on technicalities that further gives favor to the accused and abusers,” added Palce.

Gabriela hopes this decision will encourage victims of sexual abuse to speak out and fight for justice.

It also calls on law enforcers and judiciary officials to follow the Supreme Court’s decision.

While the group welcomes the court’s legal clarification, Gabriela still calls for more comprehensive and strong implementation of laws regarding violence against women.