The María Clara Doctrine

 

July 25, 1955: A married woman is gang-raped in the Philippines.

February 10-11, 2009: At Davao City in the Philippines, a young woman is allegedly raped.

The two cases above are very different; the first was a genuine gang-rape. Although the doctor who examined the victim did not (for whatever reason) conduct an intimate examination, it is clear from the judgment of their failed appeal that the three miscreants were rightly convicted.

This case became the basis for what is known in the Philippines as the María Clara doctrine. It is named after a character in a famous Nineteenth Century novel. The doctrine is like something out of third wave feminism, namely women, especially Filipinas, are so virtuous and upstanding that they would never lie about being raped. They may be less likely than white women, but only because they have not been subjected to the same intense brainwashing.

The second case involves a young woman, apparently a teenager living at home with her parents, who claimed to have been raped on consecutive days. The two men she accused were both convicted but eventually their convictions were overturned.

Here is the judgment in their final appeal. Note in particular the medical evdence concerning one of the accused, the injury to his left arm.

This successful appeal does not appear to have forced the abandonment of the María Clara Doctrine, but hopefully it has taught judges not to be so gullible.


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