The Commission on Human Rights (CHR) welcomes the recent Supreme Court (SC) ruling affirming the principle that victims of rape are not required to prove resistance in cases where sexual assault is committed through force, threat, or intimidation. This landmark decision represents a significant step forward in ensuring that rape victims are not subjected to undue scrutiny, blame, or an unfair burden of proof in seeking justice.

As the SC rightly emphasized, requiring victims to demonstrate resistance disregards the lived experiences of women and children, who may be paralyzed by fear, conditioned by societal pressures, or facing physical and psychological threats.

Rape is rape. It is a grave violation of human dignity and must be unequivocally condemned in all its forms. The Commission believes that the notion that a lack of physical resistance implies consent is not only harmful but rooted in archaic and patriarchal views that have no place in our society. The SC’s decision is a clear affirmation that victims of rape deserve protection and justice, regardless of whether they physically resisted their attacker.

The ruling also underscores the unique vulnerability of child victims, especially in cases of incestuous rape, where the abuser often wields significant physical, emotional, and moral authority over the victim.

Rape is a violation of human rights, and no one—regardless of their relationship with the perpetrator, their behavior, or their background—should ever be blamed for it. It is the perpetrator’s crime, and they must be held accountable to the full extent of the law.

The Commission acknowledges this ruling as it addresses the deeply problematic notions surrounding rape, particularly the toxic belief that some victims are “bad enough” to be raped or that others lie about their experiences. Such beliefs perpetuate harmful stereotypes, re-traumatize victims, and tolerate a culture of impunity.

The CHR, as the Children and Gender Ombud, stands firm in calling for continued reforms that protect victims, hold perpetrators accountable, and break the cycle of victim-blaming and impunity in rape cases. Together, we shall ensure that the judicial process no longer imposes additional burdens on those who have already endured unimaginable trauma.

#StopVictimBlaming