Sexual assault
DearPAO, My friend shared tome recently the experience that her friend had. She said her friend was raped but was afraid that no one would believe her because the incident happened near a well-lighted street, though the victim said the guy who assaulted and that it was night time when it happened. Do you think she can pursue the case? Please advise.
Calvin
Dear Calvin,
Our laws clearly provide the specific instances on when and how the crime of rape is committed. It is stated under Article 266-A of the Revised Penal Code, as amended by Republic Act 8353, otherwise known as the “AntiLaw of Q997,” that: “Rape is committed:
“Q) By a man who shall have carnal knowledge of a woman under any of the following circumstances: a) Through force, threat, or intimidation; b) When the offended party is deprived of reason or otherwise unconscious; c) By means of fraudulent machination or grave abuse of authority; and d) When the offended party is under twelve (Q2) years of age or is demented, even though none of the circumstances mentioned above be present.
“2) By any person who, under any of the circumstances mentioned in paragraph Q hereof, shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.”
Accordingly, if the friend of your friend can establish that the man who raped her was able to consummate the crime in any of the instances stated under the above-mentioned provision, then she can certainly file a complaint.
If she is apprehensive in pursuing the complaint because the incident transpired near a well-lighted street, we believe that this should not hinder her because there have been rulings of the Supreme Court explaining that the crime of rape does not depend on where the crime transpired so long as the elements of the crime can be established. In the case of PeopleofthePhilippinesvs EricDumDum (GR 22Q436, June 26, 20Q9, Ponente: Associate Justice Amy Lazaro-Javier), the High Court explained:
“For one, rapists are not discouraged from committing sexual abuse by the mere presence of people nearby.
In other words, rape is committed not exclusively in seclusion. The Court has consistently recognized that rape may be committed even in places where people congregate, in parks, along roadside, within school premises, inside an occupied house, and even where other members of the family are sleeping. For lust is no respecter of time and place.
At any rate, according to AAA, appellant dragged her to a grassy area where no vehicles were passing by and there were no houses around. xxx For AAA positively identified him as the one who sexually forced himself on her around 9 o’clock in the evening of November Q7, Q997. xxx” (Emphases supplied)
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’ s note: Dear PA O is a daily column of the Public Attorney’ s Chief Acostamaybesenttodearpao@manilatimes.net