A MAN from Minglanilla, Cebu could face up to 40 years of imprisonment for raping and impregnating his cousin, a minor, inside the latter’s house in 2007.
Regional Trial Court Judge Ester Veloso found the accused guilty of rape and sentenced him to reclusion perpetua, or a jail term of 20 to 40 years in jail.
“No woman, least of all a minor, would concoct a story of defloration, allow examination of her private parts and subject herself to public trial or ridicule if she has not been a victim of rape and impelled to seek justice for the wrong done to her being,” read Veloso’s 22-page judgment.
SunStar Cebu is withholding the name of the accused to protect the identity of the victim.
Liza (not her real name) was sexually assaulted by her cousin when she was 12 years old in May 2007. The convict was staying in the victim’s house while he was attending school and tending to the victim’s family business from 2002 to 2007.
In November 2007, the girl’s parents discovered the abuses on their daughter when the school doctor instructed them to have her checked by a physician since her stomach was bigger than usual.
The parents were shocked to discover that their daughter was pregnant.
When asked why she was pregnant, the girl replied,” I don’t know, ma.”
But she later admitted that the accused raped her inside her room in May 2007. She resisted, but the accused overpowered her, she said.
In his testimony, the convict insisted that what happened between the two of them was “consensual sex.”
He said the victim seduced him and that he could no longer resist her.
In the judgment, Judge Veloso ruled that the convict’s claim of consensual relations “is of no moment.”
“A child cannot give consent to a contract under our civil laws, this is on the rationale that she can easily be the victim of fraud as she is not fully understanding or knowing the nature or import of her action,” read Veloso’s ruling.
Apart from jail term, Veloso also ordered the convict to pay the victim P75,000 as civil indemnity; P75,000 as exemplary damages plus six percent interest per year until the finality of the decision. (GMD)