Was this sexual assault if I said no while intoxicated but he continued?

Hello:

Atty. Jofre here. I want to start by saying this clearly and without hesitation. What you described is serious, and based on Philippine law, it can legally qualify as rape and related sexual offenses. You did nothing wrong. Being intoxicated, confused, or frightened does not mean you consented.

I will explain this calmly, legally, and step by step, so you understand your rights and options.

Firstly, on whether this is rape under Philippine law.

Under Republic Act No. 8353 or the Anti Rape Law, rape is committed when sexual intercourse is done without the victim’s consent. Consent must be free, voluntary, conscious, and informed. It is not consent if it is given under intoxication, fear, confusion, or pressure.

In your case, the following facts are legally critical:

a.) You were heavily intoxicated. Intoxication impairs judgment and the ability to give valid consent.

b.) You verbally said no and told him you did not feel okay. That alone is already a clear refusal.

c.) He proceeded anyway.

d.) When he asked during the act whether he should stop, you were already overwhelmed and said “later.” That is not consent. Consent cannot be extracted after the act has already begun and especially not from someone who is drunk and distressed.

e.) He finished the act despite your earlier refusal.

Philippine jurisprudence is clear. Silence, confusion, hesitation, or failure to physically resist does not mean consent. Saying no at any point is enough to negate consent. What you described meets the elements of rape through sexual intercourse without consent.

Secondly, on the video recording. The recording of a sexual act without your clear, prior, and informed consent is a separate and serious offense.

This may constitute:

a.) Violation of the Anti Photo and Video Voyeurism Act or Republic Act No. 9995, because the recording was made without your consent and involved a sexual act.

b.) If the video was stored, shared, or threatened to be shared online or electronically, it may also fall under the Cybercrime Prevention Act or Republic Act No. 10175.

c.) His claim that you “asked for the video” does not excuse him. Consent to record must be explicit, voluntary, and not given while intoxicated. Even allowing use of your phone does not equal consent to be recorded while being sexually assaulted.

The existence of that video is evidence, not consent.

Thirdly, on whether intoxication weakens your case.

Let me be very clear. Intoxication does not weaken your case. In fact, it strengthens it. The law recognizes that a person who is drunk cannot freely consent. Courts look at the totality of circumstances, your statements, your condition, his actions, and the power imbalance at that moment.

Fourthly, on your legal options.

You have the right to pursue the following remedies.

a.) Criminal complaint for rape under RA 8353.

b.) Criminal complaint for violation of RA 9995 for the illegal recording.

c.) If the video was transmitted or stored electronically, additional cybercrime charges may apply.

d.) You may also pursue civil damages arising from the criminal case for emotional, psychological, and moral harm.

These cases are filed before the Office of the Prosecutor. You may file even if you did not immediately report. Delay does not invalidate your claim, especially when trauma is involved.

Fifthly, on evidence and next steps. If you choose to proceed, the following are important.

a.) Preserve all messages, admissions, or conversations where he discussed the incident or the video.

b.) Write down everything you remember while it is still fresh, dates, times, exact words, your condition, and what happened before, during, and after.

c.) If possible, a medical or psychological evaluation can help document trauma, even if done later.

d.) Do not confront him further. You already did the right thing by cutting contact.

Sixthly, on your safety and emotional well being. What you experienced is traumatic. The law exists to protect you, but you are not required to rush or force yourself to act before you are ready. Reporting is your right, not an obligation. What matters is that you are safe now.

My candid view, Atty. Jofre speaking, is this. Legally, what you described is not a gray area. It is not “miscommunication.” It is not consent. It is sexual violence. The recording aggravates it further. If you decide to pursue this, the law is on your side.

I am the owner and Managing Partner of Recososa Law Firm, based in the Philippines, with offices in Luzon, Visayas, and Mindanao. We handle sensitive sexual violence cases with confidentiality, care, and firmness. We can help you assess your evidence, prepare your affidavit, and guide you through the safest and least retraumatizing way to assert your rights. Consultations can be done discreetly via Google Meet or Zoom, or in person if you prefer.

Please take care of yourself. You are believed, and you are not alone.

Sincerely,