From the Website of PNA
links https://www.pna.gov.ph/article/sc-sexual-violence-affects-all-genders
SC: Sexual violence affects all genders
MANILA
– The Supreme Court (SC) on Friday said men can also be considered
victims of sexual violence, stressing that the law must protect all
victims of abuse regardless of gender.
In
a decision written by Senior Associate Justice Marvic M.V.F. Leonen,
the SC en banc upheld the lower court rulings which found a woman guilty
of committing acts of lasciviousness against her 11-year-old nephew.
The
incident occurred while the boy was visiting his father’s relatives.
The woman woke him up, ordered him to undress and made him lie on her
bed. She then engaged in sexual intercourse with him.
The
child did not protest at first because he was curious about what was
happening. But after the incident, he felt ashamed and considered ending
his life.
Following
psychological debriefing and supportive psychotherapy, the child was
diagnosed with post-traumatic stress disorder resulting from the sexual
abuse.
Both the Regional Trial
Court and the Court of Appeals found the woman guilty of acts of
lasciviousness in relation to Republic Act 7610 or the Special
Protection of Children Against Abuse, Exploitation and Discrimination
Act.
In her appeal before the SC, the woman argued that the child had consented to the sexual act.
In
turning down her argument, the SC disagreed and explained that at the
time of the incident in 2018, the age of sexual consent was 12 years old
and that because the child was only 11, he was deemed legally incapable
of giving consent.
The SC noted
that the sexual violence suffered by the child caused him intense shame
and guilt and left him traumatized. The woman also made him believe that
he agreed to and enjoyed what was done to him.
The SC said that if the genders had been reversed, the incident would have been considered rape.
However,
as it stands, the acts penalized do not fall within the legal
definition of rape as provided by law at the time of the crime, the SC
said.
The woman was sentenced for nine to 16 years and ordered to pay PHP250,000 in civil indemnity and damages. (Benjamin Pulta/PNA)
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