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
BACK TO
TOP ■
PRINTER-FRIENDLY VERSION ■
COMMENT
© 2006 Bulatlat
■
Alipato Publications
Permission is granted to reprint or redistribute this article, provided
its author/s and Bulatlat are properly credited and notified.