Supreme Court: Men Can Also Be Victims of Sexual Violence

The Supreme Court has made clear that sexual violence is about power, not only gender, and that the law must protect all victims, including men and boys.

The en banc decision, written by Senior Associate Justice Marvic M.V.F. Leonen and promulgated on February 4, 2026, was reported in late October 2026.

The case

A woman was charged with sexually abusing her 11-year-old nephew in 2018. After the incident, the child was diagnosed with post-traumatic stress disorder. He felt deep shame and even contemplated suicide.

The accused argued that the child had consented. The Court rejected this outright. A child of that age cannot legally give consent. At the time of the incident, the age of sexual consent was 12. Republic Act No. 11648, passed in 2022, has since raised it to 16.

The Court affirmed her conviction for statutory acts of lasciviousness under Article 336 of the Revised Penal Code. It imposed a prison sentence of 9 to 16 years and ordered her to pay ₱250,000 in civil indemnity and damages.

The Court’s key points

• Men and boys can be victims too. The Court said laws should avoid the stereotype that all women are victims and all men are perpetrators.
• Sexual violence is about power. Power imbalances can come from gender, but also from age, socioeconomic status, professional authority, or education. Perpetrators use these imbalances to coerce or manipulate victims, or to make refusal impossible.
• Time to rethink gender distinctions. The Court noted that many countries have adopted gender-neutral rape laws. It called for a fresh look at whether the historical reasons for gender-based distinctions in Philippine rape laws are still fair today.

Why it matters

The ruling strengthens protection for male survivors of sexual abuse, who often face stigma and disbelief when they come forward. It also reinforces the principle that a child cannot consent, whatever the gender of the accused or the victim.

Getting help

If you or someone you know is a survivor of sexual abuse, you may report it to the police (the PNP Women and Children Protection Desk), the DSWD, or a lawyer. Recososa Law Firm handles cases with confidentiality and care. Contact us for a confidential consultation.

This article is a simplified summary of a reported Supreme Court decision for general information only. It is not legal advice.