Rape convict gets 30-year term

Judge Peras found accused guilty of raping his aunt at gunpoint in the evening of Aug. 3, 2012

REGIONAL Trial Court Judge Soliver Peras convicted a man from Mandaue City of raping his aunt, a mother of four, inside her house in 2012.

Peras, of the RTC Branch 10, found him guilty of rape and sentenced him to reclusion perpetua, or at least 30 years in prison.

“In light of the foregoing consideration, it is the opinion of this court that the prosecution was able to duly establish the prove before this court the elements of the crime of rape,” read Peras’ decision.

Sun.Star Cebu is withholding the convict’s name to protect the victim’s identity since her husband is also the uncle of the convict.

Lina (not her real name), in her testimony, said that she was inside her house preparing for dinner with her youngest child last Aug. 3, 2012 when the incident happened.

Lina’s husband was serving a jail term when the alleged sexual abuse happened. Lina and husband have four children aged 16, 14, 13, and 12.

The convict is the nephew of Lina’s husband.

At 7:30 p.m. of Aug. 3, 2012, Lina said that she heard a knock on the door. She opened it, thinking it was her youngest son. When she opened it, Lina said the suspect immediately forced his way inside while a gun was tucked in his waistband.

The convict dragged Lina into the toilet, where she was raped at gunpoint.

After sexually abusing her, the convict took her mobile phone and money inside her wallet.

He also threatened to kill her and her children if she would tell the police about the crime.

The accused, in his testimony, denied raping his aunt.

He said he believed that the victim sued him for rape because he saw her talking to another man. In the decision, Judge Peras gave the victim’s testimony more weight.

“To be concise, straightfor- ward, devoid of any contradiction, to be entitled to credence and full faith by this court,” said Peras.

The defense also failed to present in court proof that the prosecution’s witness acted in bad faith, revenge and ill-motive, the judge ruled.

Apart from a jail term of up to 30 years in jail, the judge also ordered the convict to pay his victim P50,000 as moral damages and P25,000 as exemplary damages. GMD