Sunday, March 12, 2006

I'd like to share a court proceeding scenario of a rape case from the Supreme Court Reports Annotated Volume 469 or 469 SCRA 658-662.. The rape victim is a 12 years old girl and the accused is her own father. The child is said to be first raped when she was only 10 years old. I felt so bad while reading such article and realized that it is really happening (since I only see it in the movies).

(The victim by the way is only 12 years old when she narrated to the court the violations of her person.)

For rape committed in September 1993:

Q: "When was the first time that he committed sexual assault upon you?"

A: "September 1993."

COURT: "No specific date?"

A: "I cannot remember, Ma'am."

Q: "Can you remember how old are you at that time?"

A: "10 years old, Ma'am."

...

Q: "So, after he removed your T-shirt, bra and panties and shorts, what happened next, if anything happened?

A: "He asked me to lie face down. Pinadapa po niya ako."

Q: "After he asked you to lie face down. what happened next?"

...

(The witness is crying.)

A: "He inserted in my anus --- ipinasok niya ang titi niya sa puwet ko."
...

Q: "Did you tell anybody about what happened to you?"

A: "No, Ma'am."

Q: "Why not?"

A: "Because I was afraid of my father."

Q: "Why are you afraid of your father?"

A: "Because he might hurt me."

Q: "After that incident in September 1993, do you recall any other incident that occurred?"

A: "There is, Ma'am."

Q: "When was it?"

A: "After a few days after the first incident."

...

Q: "After he entered your room, what happened next?"

A: "He laid beside me and he removed my clothes."

...

Q: "What did your father do with the clothes he was wearing?"

A: "He removed his clothes"

Q: "After removing his clothes, what happened next, if any?"

A: "We were lying in my bed and he asked me to lie on my side -- pinatagilid niya ako."

Q: "After he asked you to lie down on your side, what happened next, if any?"

A: "He asked me to raise my right leg and placed it on his side because he was then lying on his side."

...

Q: "After he asked you to place your right thigh over his left thigh, what happened next, if any?"

A: "He inserted his penis into my organ.


For rape committed on December 29, 1995:

Q: "On December 29, 1995, do you remember of any unusual incident that happened?

A: "There was, Ma'am."

Q: "What is that incident?"

A: "I was raped by my father on that day."

Q: "Where were on that day when you said he raped you?"

A: "I was then at the kitchen of our house."

...

Q: "What were you doing at the kitchen at that time?"

A: "I was then sitting at our dining set."

Q: "What about your father, what is he doing?"

A: "He was cooking."

Q: "What happened while sitting at the dining set, if any?"

A: "He told me to approach him."

...

Q: "After you approached him, what happened next?"

A: "I was leaning then at the kitchen sink and he asked me to embrace him."

...

Q: "What happened after you embraced him?"

A: "After that, he raised my T-shirt."

Q: "After raising your T-shirt, what happened next?"

A: "He held my breast."

...

Q: "After that, what happened next?"

A: "He kept kissing my breast."

Q: "How many times did he kiss your breast?"

A: "Many times."

...

Q: "What happened next after he kissed your breast?

A: "He put my shorts down."

Q: "After putting your shorts down, what happened next, if any?"

A: "He also put down my panties."

Q: "After putting down your panties, what happened next, if any?"

A: "He held my organ."

...

Lawyer 2: "At this juncture, Your Honor, may we request witness to be more specific with respect to organ."

Q: "When you say 'organ', what do you mean?"

A: "Pekpek."

COURT: "Proceed."

A: "After he held my vagina, he also put down his shorts and briefs."

Q: "After putting down his shorts and briefs, what happened next?"

A: "He inserted his penis to my vagina."


For attempted rape committed on January 1, 1996:

Q: "Do you recall of any incident that happened on January 1, 1996 3:00 to 4:00 PM?"

A: "We were in our sala on the sofa."

Q: "When you say 'we', who are those you are referring to?

A: "Me and my father."

...

Q: "While you and your father were in the living room and on the sofa, what happened?"

A: "While we were on the sofa, my father was then raising my T-shirt and kissing my breast."

Q: "What were you wearing at that time?"

A: "Shorts, T-shirt, bra and panties."

Q: "What did your father do with your shorts, T-shirt and bra?"

A: "He raised them."

Q: "How about your father, how was he dressed at that time?"

A: "Shorts and T-shirt.

Q: "After raising your bra and T-shirt, what happened next?"

A: "While he was kissing my breast, we were already lying on the sofa, then he went on top of me."

Q: "After he went on top of you, what happened next, if any?"

A: "He was forcing to insert his penis while we were still wearing shorts."

Q: "So, you mean to say, you were still wearing shorts at that time?

A: "Yes, Ma'am."

Q: "What happened next when he was forcing to push his penis to your vagina?"

A: "It did not push through because my mother suddenly arrived."

....

Ok. It been a very long trial though and what happened at the end was sentencing his father reclusion perpetua and DEATH.

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