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I would like to ask. This is a true-to life situation by a relative. An infomation was filed against him charging him of raping a 17 yr old girl. She was his girlfriend. The complaint was filed after the accused tried to break up with the girl since the accused no longer wants to be her boyfriend. There was no force or intimidation when the accused was able to have sexual intercourse with the girl while they are in the relationship. However, even before the warrant of arrest was issued, an extra judicial settlement was made with her parents since the girl's family wanted him to marry her. Then, an Affidavit of Desistance was filed by the alleged rape victim. When she reached the age of 18, they got married. As expected, their marriage did not succeed. They fought frequently because the wife was quarrelsome, who refused to serve her husband while her husband was making a living for the both of them. There was also an incident where the wife put on fire the belongings of her husband due to their petty fight. The wife spends all her husband's earnings to attend parties and be with her friends. The husband even sent her to school. The husband learned that she has extra marital affairs as well. They eventually parted ways and up to this moment, there is no longer any communication between them.
The question is, can the husband file a declaration of nullity on the grounds of psychological incapacity? Will the rape case be reinstituted by the wife if ever their marriage be declared null? Is the dissolution of the criminal liability due to marriage absolute and bars the alleged victim from refiling the complaint?
The question is, can the husband file a declaration of nullity on the grounds of psychological incapacity? Will the rape case be reinstituted by the wife if ever their marriage be declared null? Is the dissolution of the criminal liability due to marriage absolute and bars the alleged victim from refiling the complaint?
