No more cash settlement of rape cases in this bill

Improved laws against rape

            Too easily is justice against rape frustrated. Well reported are instances of victims fearing social stigma, of parents accepting monetary blandishments, and of authorities shirking from duty to prosecute. Victims are violated twice over.

            A bill recently approved at the House of Representatives addresses the difficulties of redress. No longer may excuses be given to not report sexual assault, especially on a minor. No longer too may powerful perpetrators offer cash for withdrawal of criminal raps. There is a provision against “grooming”, that is, establishing trust or a relationship with a minor or the family to perpetrate sexual abuse or exploitation.

            Certain provisions stand out in House Bill 7836. Full title: “An Act Providing for Stronger Protection Against Rape and Sexual Exploitation and Abuse, Increasing the Age for Determining the Commission of Statutory Rape, Amending for the Purpose Act No. 3815, As Amended, or the Revised Penal Code, and Republic Act No. 7610, As Amended, or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act.”

            “Grooming” thrives in this internet age, said bill co-author Rep. Rosanna Vergara (3D, Nueva Ecija). A usual ruse is for the sexual predator to spot a minor in an online chat room. Pretending to be of the same age, he pseudonymously befriends and invites the victim into frequent private messaging. In time the child is shown and induced to imitate nude photos. “The perpetrator need not be physically present; the victim is manipulated mentally, sometimes with shaming, into lewdness,” Vergara warned of the modus in Sapol-DWIZ last Saturday.

Improved laws against rape

            Section 4 of the bill, on “grooming”, protects minors under 18 years of age, or any members of the family, guardian, or caregiver of the minor.

            It states: “When grooming results in the consummation of any of the acts of sexual abuse or exploitation, the person responsible for the grooming shall be liable for rape.”

            Victim-blaming often happens. A minor can be disbelieved. A person to whom the child admits the assault, say, a teacher, might defend the perpetrator as a good person incapable of such abomination, Vergara cited examples.

            Not anymore. A provision obligates persons to whom a victim confides the rape to report to authorities. No excuses.

            Section 9 states: “Persons Mandated to Report Rape. It shall be the duty of the following persons to report all incidents of rape and other sexual offenses to the DSWD, DepEd, PNP or any law enforcement agency, or the concerned LGU within 48 hours from knowledge thereof:

“1. Any healthcare provider, including the attending physician, nurse, clinician, barangay health worker, or any person who has caused the examination or treatment of the victim appearing to have suffered from rape or other sexual offenses;

“2. Teacher, guidance counselor, principal, school head, or any person whose work involves the education, training, and care of children;

“3. Any social worker who has reason to believe that rape or other sexual offenses have been committed or has been duly informed by the victim;

“4. Any national or local public officer; or

“5. Any person who has knowledge of the commission of rape or other sexual offenses.”

            Those persons are also required to document the victim’s injuries, record the condition during the examination, and safeguard these records for availability to the victim.

            Perpetrators can go free by vile means. Rape prosecutions abruptly are terminated as victims and families fear reprisals, or offered cash and favors. Even go-betweens are compensated.

            In the bill, however, not even a marriage proposal can get the perpetrator off the hook, Vergara said. In too many instances have forced marriages led to more torment of the victim. There is no love and respect in the union.

            No more withdrawal of criminal cases too. Vergara cited an instance where the perpetrator convinced the victim’s penurious parents to accept P200,000 recompense. They in turn made the child recant her court testimony, as if she was a liar; then they relocated in the hope that she would forget everything.

            The bill would avert any recurrence. Section 10 states: “The submission of an affidavit of desistance at any stage of the criminal action or proceedings is not allowed.”

            Section 11 complements: “Any amicable settlement at any stage of the proceedings for rape offenses is prohibited.” Vergara explained why: investigations have been completed, charges filed, and evidence submitted in court. Trial can proceed on the merits.

            The bill is scheduled for bicameral consolidation with the Senate version. The latter, authored by Sen. Miguel Zubiri, raises the age of sexual consent to 16, making adult intercourse with a minor that age or below tantamount to statutory rape.

            Full text of HB 7836 can be found HERE.

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Improved laws against rape