Joseph Barlesco tried to convince the court that he could not be convicted of rape because the complainant was his girlfriend and agreed to have sex with him on the evening of November 20, 2002.
But Regional Trial Court judge Olegario Sarmiento Jr. said, granting that Barlesco and the victim were sweethearts, it is still not correct to compel his girlfriend to have sex with him if it is against her will.
"It is true that rape can be committed even if the parties are sweethearts when the man forces himself onto the woman," Sarmiento said.
Rape can even be committed on a woman with loose morality, if the element of violence and intimidation upon person is present and that the act of sexual intercourse is without the girl's consent or against her will.
That day, Barlesco fetched the victim at a pharmacy in barangay Kalunasan where she worked as a saleslady and invited her to a date in Camp Marina.
When they reached the place, Barlesco sexually abused his new girlfriend despite the girl's plea not to proceed with his intention.
After the rape, Barlesco still accompanied the girl to her house where her father observed that there was blood coming out from the back portion of her pants that prompted her to reveal the incident.
After Barlesco was arrested by the police and detained he offered to marry his victim, but the girl wanted to have justice by filing a case against him in court.
Sarmiento said Republic Act 7610, the new law on the special protection of children, provides that a person who engages in sexual intercourse or lascivious conduct with a minor should be penalized. - Rene U. Borromeo