Law for children’s court and therapeutic homes
DURING the 50th anniversary celebration of the Preda Foundation on February 22, its president, Francis Bermido Jr., presented (virtually) a concept paper proposing new legislation for a children’s court and therapeutic homes for sexually abused children to Sen. Risa Hontiveros, chairman of the Senate Committee on Women, Children, Family Relations and Gender Equality.
The idea for these was first discussed briefly by Bermido and yours truly with Hontiveros on the occasion of the local premiere of a documentary on child sexual abuse and incest by French actress Emmanuelle Béart, who has spoken up against these subjects in her country. The documentary, titled “Un Silence Si Bruyant” (Such a Resounding Silence),” which Béart co-directed with Anastasia Mikova, was shown during the 26th French Film Festival in SM Mall of Asia late last year.
There are some shocking facts that many of our lawmakers are now taking seriously, especially Hontiveros and Zambales Rep. Doris Maniquiz. They realize more must be done to win justice for abused children. There is an urgent need for legislation establishing a children’s court system and more governmentfunded homes for healing and empowering child abuse victims.
The United Nations Children’s Fund says 7 million Filipino children are abused every year. That is about one in every three girls. Boys are also victims; one in every four, on average, is abused. Boys are more reluctant to report sexual abuse, which they have to accept as an apparent common practice among males.
At present, more family courts are being established, but competently trained judges are in short supply, and these tribunals are overwhelmed with many cases. They are clogged with less important cases, and while they prioritize child sexual abuse cases, they can only finish such a case within about nine months to a year. In other courts, this can take up to three years.
That is a long time for a child to wait for justice, and they lose hope and trust while waiting. The many postponements requested by defense lawyers and the absence of some judges and prosecutors delay hearings that are spaced two or three months apart.
That favors the accused and their lawyers, and some judges who approve the delays are criticized for favoring them over the victims. This is an injustice from the very start.
The long delays in some family courts cause the victims and their supportive relatives to give up. This will eventually undermine the rule of law as child abusers take heart when they hear that their victims couldn’t wait such a long time for justice.
The best judges very seldom or never allow postponements in child abuse cases. We need more like them, for sure. In a secure therapeutic home, victims can overcome their trauma, heal and become empowered so they can testify clearly against their abusers. They can remember the details of the abuse more clearly and are strong and unfazed during cross-examination. That is why a speedy trial is necessary, and a dedicated home is needed to protect the victim.
If the victim remains in the community, he or she is more vulnerable to threats and intimidation. He or she would not attend court hearings or be hidden in a remote province, so he or she would not testify. This is what seems to be happening in Cebu courts. Five judges in Cebu met with the Preda team last year and requested our foundation to establish a children’s home to protect and empower abused complainants and witnesses. All too often, cases are dismissed because the victim does not attend hearings.
It is only when justice is implemented and abusers are convicted would Filipinos realize the enormity and frequency of child sexual abuse, which is always committed in secret. Then, parents will realize that leaving their child alone with a live-in partner — or even the father — can lead to abuse.
It is everybody’s duty to protect children from abusers in the family and community. When convictions are swift, clear and without reasonable doubt, respect for the rights of the child and for the law will grow. Abusers will fear the penalty.
During her visit to the Philippines, Mama Fatima Singhateh, the UN special rapporteur for online child abuse, child trafficking and domestic child abuse, strongly advised the government to pass a law setting up a special children’s court that can tackle child abuse cases exclusively. A law establishing accredited therapeutic healing centers for victims of child abuse is necessary for those seeking justice, protection and healing.
Sadly, the Philippines is considered the hub for online child sexual abuse, and this is the reason the UN special rapporteur called for new legislation to address it. Online abuse occurs because of pedophiles here and abroad with perverted demands to have child sex shows for their pleasure.
Because there seem to be no effective ways to block livestreamed sex shows featuring children, abusers go on abusing them online, mostly without detection. It is a massive problem, but there are strong, artificial intelligence-driven software that can detect and block such abuse and identify the perpetrators, but they are not installed on the servers of internet service providers (ISPs). It would cost telecommunications companies (telcos) a huge amount of money to install them.
While Republic Act (RA) 11930 demands that they should, the telcos are too powerful and well-connected to actually comply with it. The question is, who has the power and political will to make PLDT Inc., Globe Telecom, Smart Communications and DITO Telecommunity obey that law aimed at protecting children from such abuse?
The ISPs claim immunity from lawsuits because of the US Communication Decency Act of 1995. The US passed this law that has a Section 230 allowing anybody to post or transmit what they like through the ISPs’ servers. Social media companies claim they are immune from prosecution and criminal liability. But that is not the case in the Philippines. They are required to filter and block illegal content under RA 11930, but they seldom do it effectively.
It seems that, without the special children’s court, therapeutic homes, and strict implementation of the aforementioned law, children will go on being abused and continue to suffer. Despite that, we will continue to save, heal and secure justice for abuse victims under the current system and work with Congress to attain justice for them better and quicker.