Rape is one of the most reprehensible crimes, possibly just lesser in degree than murder. However, a sometimes overlooked provision of the law does provide that marriage between the accused and his victim extinguishes the crime. The Revised Penal Codes states thus:
“ARTICLE 344. Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of lasciviousness. — The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse.
The offended party cannot institute criminal prosecution without including both the guilty parties, if they are both alive, nor, in any case, if he shall have consented or pardoned the offenders.
The offenses of seduction, abduction, rape or acts of lasciviousness, shall not be prosecuted except upon a complaint filed by the offended party or her parents, grandparents, or guardian, nor, in any case, if the offender has been expressly pardoned by the above named persons, as the case may be.
In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of the offender with the offended party shall extinguish the criminal action or remit the penalty already imposed upon him. The provisions of this paragraph shall also be applicable to the co-principals, accomplices and accessories after the fact of the abovementioned crimes.” [Emphasis supplied]
It would appear to be an archaic provision of law, but this has been reiterated in Republic Act No. 8353 or the Anti-Rape Law of 1997 which states:
“Article 266-C. Effect of Pardon. - The subsequent valid marriage between the offended party shall extinguish the criminal action or the penalty imposed.
In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or the penalty: Provided, That the crime shall not be extinguished or the penalty shall not be abated if the marriage is void ab initio.”
Worthy of note is RA 8353’s definition of rape which indicates that it can also be committed by a husband against his wife.[1]
One would think that this provision of law has rarely, or never, been invoked. But in a decision just last March 3, 2010, the Supreme Court granted the motion of the accused for extinguishment of the criminal action based on his marriage to the private complainant subsequent to the rape [PEOPLE vs. DE GUZMAN, G.R. No. 185843, March 3, 2010] . The accused had been convicted for two counts of rape and was already sentenced to reclusion perpetua for each count. This conviction was even upheld by the Supreme Court in March 2008.
However, the very same court absolved the accused on account of said after-the-rape marriage to the private complainant, a marriage which was celebrated at the Bureau of Corrections in 2009. As held by the Court:
“On several occasions, we applied these provisions to marriages contracted between the offender and the offended party in the crime of rape, as well as in the crime of abuse of chastity, to totally extinguish the criminal liability of and the corresponding penalty that may have been imposed upon those found guilty of the felony. Parenthetically, we would like to mention here that prior to the case at bar, the last case bearing similar circumstances was decided by this Court in 1974, or around 36 years ago.
Based on the documents, including copies of pictures taken after the ceremony and attached to the motion, we find the marriage between appellant and private complainant to have been contracted validly, legally, and in good faith, as an expression of their mutual love for each other and their desire to establish a family of their own. Given public policy considerations of respect for the sanctity of marriage and the highest regard for the solidarity of the family, we must accord appellant the full benefits of Article 89, in relation to Article 344 and Article 266-C of the RPC.”
The benefit of such a marriage can even extend to co-principals, accomplices and accessories provided there is only one single crime of rape. It does not apply to two or more crimes of rape which are treated independently. [2]
It is difficult to see how a union can even be created from such an act of violence. But the law provides for such a situation, possibly with a view that this can serve to restore the victim’s reputation or even from belief that love can indeed triumph over all. When this happens, who serves the sentence, the man who uses marriage as a way out or the woman who must endure his presence? We can only hope that neither has to as only a marriage contracted in good faith qualifies to extinguish criminal liability.[3]
[1]Article 266-A. Rape: When And How Committed. - Rape is committed:
"1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:
"1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:
a) Through force, threat, or intimidation;
b) When the offended party is deprived of reason or otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority; and
d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. xxx”
b) When the offended party is deprived of reason or otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority; and
d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. xxx”
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