Sexual violence victims can be of any gender, PH Supreme Court says

Trigger Warning: This story contains details of child sexual abuse.

The Supreme Court on Friday, Oct. 30, underscored that sexual violence can affect anyone regardless of gender after upholding the conviction of a woman who sexually abused her 11-year-old nephew.

In a decision written by Senior Associate Justice Marvic M.V.F. Leonen, the SC en banc affirmed lower court rulings that found the woman guilty of acts of lasciviousness under Republic Act No. 7610, or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act.

The case stemmed from a 2018 incident in which the child, while visiting relatives, was ordered by the woman to undress and lie on her bed before being subjected to sexual acts.

The Court rejected the woman's argument that the boy had consented, noting that he was only 11 years old at the time and therefore legally incapable of giving valid consent under the law, which then set the age of sexual consent at 12.

Court records showed the abuse left the child suffering from severe emotional distress and post-traumatic stress disorder after undergoing psychological evaluation and therapy. The SC also noted that the incident caused lasting trauma and led the victim to believe he had willingly participated in the abuse.

In its ruling, the Court emphasized that sexual violence is not limited by gender and that male victims are entitled to the same protection under the law as female victims.

The woman was sentenced to a prison term of nine to 16 years and ordered to pay PHP250,000 in civil indemnity and damages.