Senator Padilla, Atty. Kapunan discuss sexual consent between husband and wife

  • 2 weeks ago
During a recent hearing in the Senate Committee on Public Information and Mass Media, Senator Robinhood “Robin” Padilla and women's and children's rights advocate Atty. Lorna Kapunan talked about sexual consent between husband and wife.

Padilla seemed surprised when Kapunan explained that “no means no” even in the context of marriage.

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Transcript
00:00What if it's a wife?
00:02The wife says,
00:04Honey,
00:06the wife will say,
00:08My head hurts, I don't want to.
00:10The husband forced
00:12the woman to have sex.
00:14Is that rape?
00:16The answer is yes.
00:18So what?
00:20So the former
00:22obligation
00:24of the wife
00:26of a woman or a man
00:28when the wife
00:30asks the man or woman
00:32to have sex,
00:34is that not rape?
00:36No. When you say no,
00:38no means no.
00:40Especially
00:42the men.
00:44How is that?
00:46For example,
00:50the woman,
00:52your wife,
00:54has a mixed
00:56relationship with the man.
00:58This is true.
01:00Sometimes you think
01:02your wife is just being nice.
01:04How can you say
01:06no is no?
01:08You think she's just being nice.
01:10It's hard to distinguish
01:12between a man and a woman.
01:14Sometimes,
01:16it's like they don't want to,
01:18but they want to.
01:20What is that?
01:22Are we pitiful?
01:24Do we have
01:26the right to say no?
01:28It's hard to believe,
01:30especially me,
01:32but
01:34what if I say no?
01:38No means no
01:40applies to both
01:42genders.
01:44When the husband says
01:46no,
01:48he can't be forced
01:50by the wife.
01:52For example,
01:54let's say
01:56you have
01:58a marital problem.
02:00Can you use that
02:02against the woman
02:04or the man?
02:06Can you say,
02:08no, because that's why
02:10I can't be separated.
02:12Can that be
02:14an evidence?
02:16Yes.
02:18For instance,
02:20the basis of
02:22the annulment of marriage
02:24is psychological incapacity.
02:28The basis of
02:30psychological incapacity is
02:32the mutual obligation
02:34of the husband
02:36of love and respect.
02:38Now, part of love
02:40is showing your love,
02:42but respect is also included.
02:46For instance,
02:48if your spouse
02:50doesn't want
02:52to have sex,
02:54you force her,
02:56you no longer show
02:58respect to your wife.
03:00That's one of the
03:02circumstances of
03:04psychological incapacity.
03:06If you're always forced
03:08to do that,
03:10you can file
03:12an annulment of marriage.
03:14That's what's important.
03:16Men's rights are
03:18human rights,
03:20so respect
03:22the human
03:24body.
03:30I'll just clarify
03:32what I said about annulment
03:34and oral.
03:38When this was
03:40discussed in Congress,
03:42many congressmen
03:44said,
03:46how about dentists?
03:50What if a dentist
03:52puts an instrument into the mouth?
03:54By definition of rape,
03:56any instrument
03:58into any opening.
04:00Did the dentist
04:02commit rape?
04:04The answer is
04:06no.
04:08Because in
04:10the law,
04:12annul sex results.
04:14In oral sex,
04:18in annul sex,
04:20any instrument.
04:22Let's not
04:24trivialize
04:26the crime of rape.
04:28Let's not be
04:30philosophers.
04:32The allegations
04:34of rape are serious.
04:36Even in this law,
04:38that's life imprisonment.
04:40Especially
04:42when there's a qualifying
04:44circumstance.
04:46What's sad and shocking
04:48is that in our time,
04:50it was incestuous.
04:52The father and the daughter
04:54either
04:56under the influence of drugs.
04:58Incestuous rape.
05:00They raped their own child.
05:04That's what should
05:06be given
05:08a big punishment.
05:10Incestuous rape.
05:12I have another question.
05:14For example, Atty.
05:18You can't leave your wife
05:20who trusts you.
05:22Especially me.
05:24You have
05:26sexual rights to your wife.
05:28For example,
05:32you don't choose
05:34when you're in heat.
05:36What if
05:38your wife doesn't want you?
05:40There's no other way
05:42for a man
05:44to choose.
05:46If you're a woman,
05:48it's a different case.
05:50What can you
05:52say to your wife
05:54that I'm not in the law?
05:56What about me?
05:58You're not in the mood.
06:00What can she do
06:02when she's in the law
06:04when she's in the law?
06:08We don't have a choice.
06:10You can just sleep.
06:12Maybe the issue
06:14there is not legal.
06:16The issue there is
06:18psychosocial.
06:20In the law,
06:22what can a man do
06:24in the law?
06:26Will you help me?
06:28That's it.
06:30It's hard to say in Tagalog.
06:32It's hard to say in Tagalog.
06:34Will you help me?
06:36What can you do?
06:38What can a woman do
06:40when she's in the law?
06:42It's up to you.
06:44Sometimes,
06:46a woman's law
06:48is not arbitrary.
06:52For instance,
06:58in the case of
07:00if the husband
07:02is drunk,
07:04or under the influence of drugs,
07:06and he wants
07:08to have sex
07:10with the wife,
07:12under that circumstance,
07:14it will be violent.
07:16It's not
07:18out of love.
07:20It's not violent.
07:22He's not drunk.
07:24It's out of urge.
07:26That's it.
07:28Maybe the people
07:30in the country don't like me
07:32when I say that men
07:34have different urges.
07:36There's an urge.
07:38What can you do?
07:40Your wife is there to serve you.
07:42She doesn't want to.
07:44What can I do
07:46so that my wife won't complain?
07:48What can I say
07:50to her?
07:52Babe, please help me
07:54in a way.
07:56Counseling?
07:58You need counseling.
08:00Or just pray.
08:02I'll just
08:04correct the statement.
08:06The urge is just
08:0830 minutes.
08:10Watch Netflix, Korean
08:12telenovela.
08:14So legally, nothing?
08:16Tell your wife, help me.
08:18That's why it's important
08:20the issue of mutual respect.
08:24If your spouse
08:26refuses,
08:28whether valid or not,
08:30respect the decision
08:32of the wife
08:34or the husband in that case.
08:36The other thing is the statement of the chair.
08:38With all due respect,
08:40it's not
08:42an obligation
08:44of a wife
08:46to serve the husband.
08:48That's normal.
08:50That's what's instilled
08:52in fact.

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