For its first issue, The Womenlead Newsletter explores the latest legal issues on intimate partner abuse or domestic violence. It features the only marital rape case ever upheld in the Philippines.An Article on Article 36 (Psycholigal Incapacity) in the Family Code by Carolina S. Ruiz-Austria, is also featured.It explores how the "legal option" of choice among the upper classes (absent a divorce law) is also being used by women in domestic violence. Yet what are the implications of arguing spousal abuse as psychological incapacity for feminist litigation strategies?

Yes, There is such a thing as Marital Rape, By Olivia A. Tripon, Women's Feature Service

Philippines: The first ever conviction of MARITAL RAPE By Charina Sanz-Zarate

Wife Battery and Psychological Incapacity Under Article 36 of the Family    Code: Issues in Feminist Legal Advocacy By: Atty. Carolina S. Ruiz-Austria

Lilith is the Official 
Womenlead On-line Newsletter

Marital rape occurs everyday. Unlike rape by a stranger, however, marital rape often remains unreported and even undisclosed by a woman to those closest to her. For numerous reasons, she usually keeps this sordid and painful experience to herself. The reasons for such silence could vary from a deep sense of humiliation to fear of reprisal from the husband-assailant, apprehension that nobody would believe her, or the personal belief that it is the legal and moral right of the husband to have access to her body anytime he sexual wants gratification. 

But on top of these reasons, most women are least likely to report marital rape because there are not enough gender-sensitive structures that would take a complaint of this nature with utmost seriousness and urgency. Often enough, the barangay conciliation process unwittingly keeps the wife in this violent situation by pressuring her to settle the case, go home, and kiss and make up with her rapist husband. Police authorities would normally refuse to conduct rescue operations or apprehend the husband-rapist, saying it is "a private matter." The community's passive behavior and trivialization of the situation by insisting that the husband is merely "nangangarinyo" does not encourage and empower a woman to report the violation. Even the courts and the prosecutors lack the required sensitivity in dealing with this kind of case, often simply dismissing it and pointing out to both parties the humiliation they stand to suffer should they publicly disclose a bedroom incident. 

In a sense, thus, Remy's victory could be seen as a fluke, a lucky accident in which events and circumstances conspired to produce a favorable outcome. Remy is fortunate to have had the support she received from various sectors in Davao City, and to have her case raffled to a judge who had no fear of taking a stand against this extremely serious form of marital violence. Indeed, the decision reached by Judge Fuentes goes against prevailing trends in a society that continues to be dominated by patriarchal views, and is a rare occasion for celebration by the women's movement in the country. 

Whether the lower court ruling will be the beginning of an exciting trend in Philippine jurisprudence or prove to be a solitary voice, it is hoped that this case will not be reversed by the Supreme Court. Otherwise, whatever minor victory the Fuentes decision may have achieved for Filipino women would be rendered useless. By returning an acquittal verdict, the Supreme Court will be doing nothing to help prevent our women from being raped by their own partners. That would be an even greater tragedy for all. (Amy A.Avellano, Coordinator, Research, Library & Publications Program)