Swift Justice Necessary for Rape Survivors' Recovery

Instead of putting legal impediments to further delay the Subic Rape Case, a woman lawyer said that the Philippine government should protect the interest of the victim because the healing and recovery of rape survivors depend largely on getting justice.

BY DABET CASTAÑEDA
Bulatlat

Atty. Evalyn Ursua, a lawyer who has been handling cases of violence against women and children for 15 years, is appalled over the Philippine government’s apparent lack of support to a Filipino woman raped allegedly by four U.S. soldiers at the Subic Bay Freeport in Olongapo City (126 kms from Manila) in November last year.

While it is obvious that the U.S. government is protecting its own citizens in our territory, Ursua said the Philippine government does not seem to protect the interest of its people. In this particular case, the Philippine government appears to be even going against the victim's interest, she added.

Ursua was referring to the failure of the Olongapo Regional Trial Court (RTC) and the Department of Justice (DoJ) to serve warrants of arrest to the four accused after the US embassy denied the Philippine government’s request for custody.

Frustration

In her experience in handling rape cases, Ursua said that such cases tend to be dismissed or archived for several reasons, the most common of which is that the court has no jurisdiction over the accused. The warrants were not served and the accused were not arrested, the lawyer said.

The delay of the court proceedings could add up to the rape survivors'  psychological and emotional trauma, the lawyer said.

Karen Vertido, former executive director of the Davao City Chamber of Commerce and a survivor of sexual abuse, could not put into words the rage and trauma she went through after she was raped by industrialist Jose Custodio.

In a separate interview with Bulatlat, Vertido said that on March 29, 1996, Custodio offered to take her home after a meeting but instead brought her to a motel where the rape occurred.

She said that she reported the incident to the police on March 30, 1996 and filed a complaint the day after. The accused, however, went into hiding for several months. “It had to take a Senate inquiry for the Philippine National Police (PNP) to give out an order to have him arrested,” she said, adding that 48 hours after the order came out, the accused was surprisingly arrested.

It took eight years to litigate the case. In 2004, the court decided in favor of the accused. “Just imagine how difficult it is for a victim to gather herself together, go through the process of making a complaint, telling her story, going through an investigation, passing through a medical examination, answering all sorts of questions about herself and what happened,” Ursua said. “By the time woman passes that stage, she’s already gone through a lot emotionally and psychologically. But when she gets to court and realizes that the process could not proceed, it could really be frustrating.”

Unfriendly society

“They called me a whore, people said I was after money,” Vertido said. “I left Davao, I left home. I uprooted my entire family in one night because of the unfriendliness around. Because if you’re a victim of rape, society doesn’t believe you.”

Vertido said that some victims she talked to complained of how the police treated them upon filing the complaint. According to her, the victims were asked questions like "Nag-enjoy ka ba?" (Did you have a good time?) and "Baka inakit mo?" (Maybe you seduced him?)

“The people who you run to for help are not trained on how to help you,” she said. “All you can do is get by however which way you can. Titiisin mo na lang lahat ng procedures,” (Just bear with all the procedures.) she said.

Lana Libanan, secretary general of the progressive women’s group Gabriela, said that violence against women in the country is a very private matter. “Hindi ito pinag-uusapan sa publiko kaya ang mga biktima ng rape ay nagiging biktima pa ng public opinion,” (This is not talked about in public so the rape victims also become victims of public opinion.) she said.

Vertido said that what is most important for rape survivors like her is to keep their focus “because you want justice.”

Ursua also said that the healing and recovery from victimization of sexual violence depends largely on getting justice. “That process may not even end. It may be a lifetime process for the victim because she continues to struggle from the traumatic experience. Kaya kung hindi maaresto ang akusado at hindi magsimula ang proseso, hindi makakapag-uumpisa ang biktima na mapangibabawan ang pang-aabuso sa kanya,” (So if the accused are not arrested and the process does not start, the victims cannot start overcoming the abuse she went through.) she said.

Moving on

Libanan, whose group Gabriela provides counseling to women and children victims of violence, said that most rape victims were able to survive once they get moral support from others who went through the same ordeal. But full recovery is achieved from support of the people who could provide a “friendly environment.”

“Walang pinakamainam kundi ibukas ang sarili sa iba’t-ibang suporta para ma-broaden ang kanyang pagtingin sa nangyari sa kanya. Hindi lamang siya ang posibleng naging biktima. Posible ding sa kanyang paglantad ay may mga biktima ding lumantad dahil na-inspire niya,” (There is no best way but to open up to various support groups in order to broaden one's view of what she want through. She is not the only possible victim. It is also possible that with her coming out into the open, there will be other victims who will open up because she managed to inspire them.) she said. Bulatlat

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