Supreme Court: Victim's past irrelevant in child sex abuse cases

The Supreme Court (SC) has affirmed the conviction of a man for trafficking a 14-year-old girl in July 2011, ruling that a victim's past sexual behavior is inadmissible evidence in child sexual abuse cases.

In an 18-page decision promulgated in May, the SC found the accused guilty of qualified trafficking in persons under the Anti-Trafficking of Persons Act of 2003.

The SC sentenced him to three counts of life imprisonment and to pay a fine of P2 million per count, totaling P6 million.

He was also ordered to pay the victim, AAA, P500,000 in moral damages and P100,000 in exemplary damages for each count, with a legal interest rate of 6% per annum from the finality of the decision until full payment.

According to the Court, the accused approached AAA in July 2011 and paid her P800 to have sexual intercourse with an individual. This happened two more times with different men.

After he was charged, the accused argued that AAA was a known prostitute in the area.

The Regional Trial Court convicted him, while the Court of Appeals affirmed the decision. This prompted him to file the present petition before the Supreme Court.

In its ruling, the SC said all the elements of trafficking were met in the case.

The High Court also dismissed his defense that AAA was supposedly a known prostitute.

It cited the sexual abuse shield rule, which is a variation of the rape shield rule, which states that evidence of a complainant's past sexual conduct shall not be admitted unless the court finds that such evidence is material and relevant to the case.

"The sexual abuse shield rule aims to protect victims against invasion of privacy, potential embarrassment, and sexual stereotyping that happen when intimate sexual details are disclosed in public," the SC said.

"This protection also encourages victims to speak up against their abusers," it added.

Aside from this, the SC said that AAA's past is immaterial and irrelevant to the case.

"Trafficking in Persons can still be committed even though the minor or the victim knew about or consented to the act of trafficking," the SC said. — VDV, GMA Integrated News