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Monday, January 30, 2006
Cops defend ‘undercover sex’ as legit tactic
HAVING sex with girls working in strip clubs and prostitution dens strengthens a case against them, police officials said in a random interview yesterday.
Unless there’s a court ruling against it, this strategy will continue to be used by the Cebu City Police Office (CCPO), Supt. Pablo Labra II, chief of the Criminal Investigation and Intelligence Bureau (CIIB), said.
“How can we prove in court if we don’t have personal knowledge that prostitution is being practiced? When there is a ruling from the court making this strategy unlawful, that’s the time we will stop,” Labra said.
Like Labra, Vice Control Section Chief George Ylanan said he doesn’t see any violation of the law in the practice.
“My understanding of the law tells me there’s nothing wrong with it,” he said. In fact, the law requires that habitual practice is established for a charge of prostitution to stick, he added.
An official of a police national support unit that also uses the strategy agrees with Labra and Ylanan.
The official, who spoke on condition that he shouldn’t be named, said the strategy is vital in the “case build-up” for the crime of prostitution.
Exploitative
The official said a meeting has been scheduled today to discuss lawyer Gloria Dalawampu’s statement and other approaches in going against prostitution.
Dalawampu earlier said having sex with a prostituted woman is already a form of exploitation and a violation of the Anti-Trafficking in Persons Act, or Republic Act (RA) 9208.
While the law targets the club owners and managers and treats the women as “exploited victims,” Section 11 of RA 9208 provides that “any person who buys or engages the services of trafficked persons for prostitution” shall be penalized with six months of community services and fined P50,000.
Second or subsequent offenses will mean a year in jail for the offender and a P100,000 fine.
Not just sex
Dalawampu said paying the bar fine is enough proof of trafficking and police need not do undercover work and have sex with the girl or have photos of the sex act taken.
While Labra agrees the bar fine could be used in the case, the sex act is still important in building and strengthening it.
“It’s not for the sake of having sex, but it is part of the mode of operation to strengthen the case,” Labra said.
Ylanan, for his part, said he will continue employing this strategy until the Police Regional Office 7 or Cebu City Police Director Melvin Gayotin tells him to stop.
Labra said he’d suggest to Gayotin to meet with members of the Integrated Bar of the Philippines-Cebu City Chapter to discuss the matter. (JST)
For Bisaya stories from Cebu. Click here. (January 30, 2006 issue)
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