This story
was taken from Bulatlat, the Philippines's alternative weekly
newsmagazine (www.bulatlat.com, www.bulatlat.net, www.bulatlat.org).
Vol. V, No. 49, January 22-28, 2006
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 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 © 2006 Bulatlat
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