Filing a Case for Sexual Assault or Coercion by a Suitor (Philippines): Consent, Evidence, and Remedies

This is general legal information for the Philippines. It isn’t a substitute for advice from a lawyer who can apply the law to your specific facts.

1) The big picture

“Suitor” here means someone pursuing you romantically (whether you accepted their advances or not). If that person pressures, threatens, or forces sexual activity—or harasses or stalks you—you may have criminal, civil, and administrative remedies. The right path depends on what exactly happened, where, your age, your relationship (if any), and what proof you have.

2) Core laws that often apply

Revised Penal Code (RPC), as amended by the Anti-Rape Law (RA 8353) and later laws
- Rape by sexual intercourse or by sexual assault (Art. 266-A).
- Acts of lasciviousness (Art. 336).
- Grave threats (Art. 282) and grave coercion (Art. 286); unjust vexation / other coercions (Art. 287).
Age of sexual consent is 16 (RA 11648). Sexual acts with a person under 16 are generally statutory rape/sexual assault, regardless of “consent,” subject to a limited close-in-age carve-out (not available where there is abuse, exploitation, or authority involved).
Anti-Violence Against Women and Their Children (RA 9262) Applies to violence—including sexual and psychological abuse, stalking, and coercion—by a spouse, former spouse, or a person with whom the woman has or had a dating or sexual relationship. If the “suitor” has become a dating partner, RA 9262 may apply and provides protection orders and other relief. (RA 9262 protects women and their children.)
Safe Spaces Act (RA 11313) Penalizes gender-based sexual harassment in public spaces, online, workplaces, and educational institutions, including stalking, unwanted advances, catcalling, threats, and online sexual harassment—regardless of relationship and regardless of gender.
Child-specific laws, if the victim is under 18:
- RA 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination) for lascivious conduct/sexual abuse.
- RA 11930 (Anti-Online Sexual Abuse or Exploitation of Children) and RA 9775 (Anti-Child Pornography).
- RA 11596 (Prohibition of Child Marriage) if any “marriage” or forced union is involved.
Anti-Photo and Video Voyeurism (RA 9995) Criminalizes recording or sharing intimate images or videos without consent (including “revenge porn”/“sextortion”).
Cybercrime Prevention Act (RA 10175) Covers online threats, harassment, identity theft, cyber-libel, aiding prosecution of digital offenses.
Rape Victim Assistance and Protection (RA 8505) Requires rape crisis centers and provides for privacy/confidentiality and access to medical, legal, and psychological services.

3) Consent: what counts—and what doesn’t

Consent must be voluntary, informed, and given freely. It can be withdrawn at any time. Silence, submission due to fear, past intimacy, or being courted is not consent.

Consent is invalid when:

There is force, threat, or intimidation (e.g., “If you don’t, I’ll spread rumors/photos”).
The person is deprived of reason or unconscious (including heavy intoxication or drugging).
There is fraud or grave abuse of authority.
The person is under 16 (statutory rape/assault, subject to a narrow close-in-age exception that never applies where there is abuse, exploitation, or authority).

Relationship status is never a defense. A suitor, boyfriend/girlfriend, spouse, or ex can commit rape or sexual assault.

4) Possible criminal charges (common scenarios)

The right charge depends on the exact act, means, and circumstances. Prosecutors can (and often do) file multiple or alternative charges.

A) Rape (Art. 266-A)

By sexual intercourse: A man has carnal knowledge of a woman through force, threats, intimidation; when she is unconscious/deprived of reason; by fraudulent machination or grave abuse of authority; or if she is under 16 (statutory), among others.
By sexual assault (gender-neutral): Insertion of the penis into another’s mouth or anal orifice, or insertion of any instrument/object into the genital or anal orifice, under the same circumstances above (including under 16).

Qualified rape (harsher penalties) may apply if, for example, the victim is a minor and the offender is a parent, ascendant, relative, or in a position of authority; if a weapon was used; by two or more persons; etc.

B) Acts of lasciviousness (Art. 336)

Lewd sexual touching/acts short of rape, done by force, intimidation, when the victim is under 16, or deprived of reason/unconscious.

C) Coercion/threats (RPC)

Grave coercion (Art. 286): compelling someone by violence/threats to do something against their will (e.g., forcing sexual exposure or “date or else” backed by threats).
Grave threats (Art. 282): threatening harm (including threats to publish intimate material).
Other coercions / unjust vexation (Art. 287): persistent unwanted acts causing annoyance or humiliation; sometimes charged when conduct is harassing but does not yet fit higher offenses.

D) Gender-based sexual harassment (RA 11313)

Catcalling, stalking, unwanted sexual advances, indecent gestures, online harassment (unsolicited sexual messages, doxxing, sharing sexual content without consent), in public or online spaces.

E) Anti-VAWC (RA 9262)

If there’s or was a dating relationship, sexual coercion, stalking, or psychological harassment may be prosecuted even without physical contact. VAWC also unlocks Protection Orders and interim reliefs.

F) Digital offenses

RA 9995: recording/sharing intimate images without consent (including “sextortion”).
RA 10175: cyber-related offenses (e.g., threats, identity theft, cyber-libel).
Child cases: RA 11930/RA 9775 with very strict penalties.

5) Evidence: what helps your case

You do not need “perfect” evidence. Credible, consistent testimony can suffice, but corroboration helps. Preserve and gather:

Medical: ASAP medico-legal exam (rape kit), injury photos, pregnancy and STI tests. (Exams are helpful but not strictly required.)
Physical: clothing, sheets, objects (bag them; avoid washing/handling).
Digital: screenshots and exports of messages, call logs, social media posts/DMs, voicemails, emails, cloud backups; EXIF data, file metadata; screen recordings of disappearing chats; CCTV requests (move fast—footage overwrites quickly).
Witnesses: people who saw the incident, heard your immediate outcry, or can attest to your condition before/after.
Timeline: a written chronology (who/what/when/where), saved immediately while memories are fresh.
Threats/“sextortion”: save the exact texts, usernames, URLs, wallet addresses, and any money transfer records.

Chain of custody matters: keep originals, note how/when you obtained evidence, and avoid altering files. If possible, have authorities (PNP/NBI) perform forensic imaging of devices.

6) Where and how to file

A) If you are in danger now

Get to safety. Call 911. You can also go to the nearest PNP Women and Children Protection Desk (WCPD) or a hospital Women and Children Protection Unit.

B) Criminal complaint

Report to PNP WCPD or NBI (e.g., VAWC/Cybercrime units). Give a sworn statement.
Obtain a medico-legal exam from a government or accredited hospital (bring clothes/evidence).
File a Complaint-Affidavit with the City/Provincial Prosecutor where the offense occurred (for cyber offenses, venue can be flexible). Attach evidence and IDs.
Preliminary investigation: the prosecutor subpoenas the respondent; you may have a clarificatory hearing.
If there’s probable cause, the prosecutor files an Information in the Regional Trial Court (Family Court).
Arrest/bail: Rape is non-bailable if the evidence of guilt is strong; otherwise bail may be granted.
Trial: arraignment, pre-trial, testimony (closed-door proceedings in sensitive cases; support persons; video-link in child cases), judgment.

C) Protection Orders (if RA 9262 applies)

Barangay Protection Order (BPO): quick, same-day relief from the barangay (stay-away, no contact).
Temporary Protection Order (TPO): ex parte from the Family Court, typically effective for 30 days.
Permanent Protection Order (PPO): after hearing; can order no-contact/stay-away, surrender of firearms, temporary custody/support, possession of residence, etc.

D) Safe Spaces Act complaints

Report public/online sexual harassment to the LGU/barangay and/or the PNP/NBI (especially for stalking and online harassment). Workplaces and schools must have internal mechanisms and disciplinary processes.

E) If the offender is a minor

Proceedings follow the Juvenile Justice and Welfare Act (RA 9344, as amended). This does not deprive you of protection, remedies, or restitution.

7) Civil remedies and money claims

You may claim damages in the criminal case (or via a separate civil suit):

Moral damages (mental anguish), exemplary damages (to deter), temperate/actual damages (treatment, meds, lost income), and attorney’s fees (when allowed).
In VAWC cases, courts can order support pendente lite, reimbursement of expenses, and other interim relief.

8) Timing (prescription)

Under the RPC:
- Crimes punishable by reclusion temporal/perpetua (e.g., rape) generally prescribe in 20 years.
- Acts of lasciviousness (a correctional-penalty offense) generally prescribe in 10 years.
Special laws can have their own prescriptive periods (many are long). If in doubt, file as early as possible—sooner is always safer.

9) Privacy and courtroom protections

Confidentiality of the victim’s identity and records (esp. rape/child cases). Publishing the victim’s identity can itself be a violation.
Closed-door hearings may be ordered.
Rape-shield principles limit inquiry into prior sexual history unless strictly relevant.
Child witnesses benefit from special protective rules (support person, screens/video, simplified questioning).

10) Practical playbooks

If an assault just happened

Get to a safe place; call 911 or go to WCPD/hospital.
Do not wash or change if you can avoid it; bring clothes/linens in paper bags.
Ask for a medico-legal exam and psychological first aid.
Write down your timeline; save all messages/calls; turn on airplane mode and preserve your phone.
Consider calling a trusted person to accompany you.

If you’re being coerced or stalked by a suitor

Save everything (threatening chats, call logs, gifts with notes, CCTV, car plates).
Send a clear “no contact” message (one time only) if safe; after that, do not engage.
Report to barangay (for blotter and possible BPO if RA 9262 applies) and PNP/NBI.
Ask your workplace/school to activate Safe Spaces procedures (security, access bans, discipline).
Consider TPO/PPO (if dating relationship) or criminal complaints (grave threats/coercion, stalking under Safe Spaces Act).

If threatened with “revenge porn”/sextortion

Preserve chats/files; don’t pay—payments rarely stop extortion.
File under RA 9995 (voyeurism), grave threats, and cybercrime provisions.
Request takedowns from platforms using their non-consensual intimate imagery policies; keep proof of your requests.
Report to PNP Anti-Cybercrime Group/NBI Cybercrime; they can coordinate with platforms and forensics.

11) Common misconceptions

“No witness, no case.” False. The victim’s credible testimony can be enough.
“No medical exam, case dismissed.” False. Medical evidence helps but isn’t indispensable.
“We were dating, so it can’t be rape.” False. Relationship is not a defense.
“If I sign an affidavit of desistance, the case ends.” Not automatically; once filed in court, dismissal is the court’s call.
“Marriage to the offender erases liability.” Not for rape and most modern sexual-offense frameworks.

12) What prosecutors and courts look for

Credibility and consistency of the narrative (you can be traumatized and still be credible—minor inconsistencies are normal).
Corroboration: contemporaneous messages (“I’m scared,” “He forced me”), fresh complaint, medical findings, digital trails.
Intent, means, and circumstances: threats, intoxication, position of authority, victim’s age, and pattern (prior similar acts/messages).
For digital cases: headers, metadata, logs, IP/device linking, platform records.

13) Workplaces, schools, and residences

Workplaces and schools must have policies, committees, and procedures for sexual harassment under RA 11313 (and RA 7877). You can file internally in addition to criminal/civil cases.
Condominiums/subdivisions may enforce house rules (e.g., banning the suitor from premises) once you document the harassment and file a blotter/complaint.

14) If you’re supporting a victim

Believe, don’t blame.
Help with transport, medical care, and evidence preservation.
Avoid pressuring for immediate decisions; safety and control belong to the victim.
Keep details confidential.

15) Sample outline: Complaint-Affidavit (criminal)

Your identity (address can be withheld in sensitive cases).
Respondent’s identity (as complete as possible).
Narrative (chronological, specific acts/words, dates, places).
Elements matched (e.g., force/intimidation; age under 16; unconscious; threats).
Evidence list (attachments labeled Annex “A,” “B,” …).
Reliefs prayed for (issuance of warrants/protection orders; hold departure order, if applicable).
Verification and jurat (notarized/received by the prosecutor).

16) Quick cheat-sheet: Which remedy fits?

Forced sexual act → Rape/sexual assault (RPC).
Lewd touching (no penetration) → Acts of lasciviousness (RPC).
Threats to harm or to leak nudes → Grave threats (RPC) + RA 9995/RA 10175.
Persistent unwanted pursuit/stalking → Safe Spaces Act (public/online) and/or RA 9262 if dating relationship; also coercion (RPC).
Minor victim → Statutory rape/assault, RA 7610, RA 11930/RA 9775.
Dating partner coercion or stalking → plus VAWC (BPO/TPO/PPO).
Work/school suitor → add administrative case under workplace/school rules.

17) Final notes

You can pursue multiple tracks at once: criminal, civil, and administrative (work/school/LGU), plus protection orders.
Document early, file early. Even if you’re not ready to prosecute, preserve evidence and get medical care.
Free or low-cost help exists (public hospitals, Public Attorney’s Office, LGU social workers, barangay desks, and rape crisis centers under RA 8505).

If you want, tell me:

what happened (in general terms),
your city/municipality,
and what outcome you want (e.g., stay-away order, criminal case, school/work discipline),

and I’ll map the exact next steps and draft language you can use for blotters, affidavits, or protection-order petitions.