Fanciful whim

A rape charge is easy to make. When a woman cries rape the tendency is to sympathize and admire her for having the courage to be publicly exposed to shame in order to seek justice. But it is also important to consider the right of those accused of rape to be presumed innocent until proven guilty. This is the guiding rule applied by this court in this case.

This is the case of Zoe Vargas, a 17 years old high school graduating student. Before graduation, she applied for a job at an outlet for Philippine handicraft to be opened by an American businessman, Chad Brownlee, age 38, who was an importer by occupation living here for about eight years already.

Zoe first met Chad at a Hotel for interview prior to her employment. She was asked to come back after her high school graduation a month later which Chad even attended after learning that Zoe’s parents would not be there. After the rites, Chad was even invited by the mother of Ina, the best friend and classmate of Zoe, to a blow out dinner at a Chinese restaurant.

Apparently Chad became interested in Zoe as he again attended her Citizen’s Army Training (CAT) closing rites two days later. Afterwards and for the third time they met again at the lunch given by Ina’s family at their residence where Zoe stayed up to 7 in the evening before going home. Thus when she arrived home she received a tongue lashing and was slapped by her mother who did not approve of her going out with Ina. Feeling mad she ran away and called up Ina who agreed to meet her at the lobby of the hotel where she first met Chad.

When Zoe entered the lobby, she saw Chad and his secretary who forthwith brought her to a room where Ina was waiting. Zoe told Ina of her having run away from home; of her parents’ belief that she was no longer chaste; and of their decision not to send her to college. Ina comforted and assured her that Chad might help her out of her predicament. So when Zoe’s feelings had been assuaged, Ina and Zoe together with other friends went disco dancing until midnight. Then they went to the airport to buy a ticket for Cebu for Zoe. After wards they returned to the hotel where she was allegedly raped for the first time by Chad.

Zoe testified that at about 2 am, she was awakened because she felt that somebody was kissing her and saw Chad on top of her. She struggled and resisted to no avail as Chad covered her mouth and nose and warned that he would kill her. Feeling weak and nervous, she said she did not do anything anymore until Chad was able to satisfy his lust as she lost consciousness. When she awoke she felt Chad still hugging her and told her that she could do nothing anymore and should not worry as she would take care of her. Then she even accompanied Chad to the airport on a flight to Cebu City. That evening she also went to Cebu and stayed at the apartment of Chad and during the four nights of her stay there, she was allegedly raped again by Chad three more times. Zoe even asked Chad’s secretary whether she could win Chad’s love by means of a gayuma.

Meanwhile back in Manila, Zoe’s parents already reported to the police that their daughter was missing. When Chad learned that Zoe ran away from home, he confronted Zoe who immediately admitted it and told him that she was afraid to go back because of what her father might do to her. After five days in Cebu she went back to Manila and upon seeing her parents, she broke down and cried and finally confessed that she had been raped by Chad.

So after the necessary medical examination, where the doctor found deep old lacerations on Zoe’s hymen which are the result of previous sexual intercourse without any “scintilla of any extra-genital injuries” Chad was charged before the Regional Trial Court (RTC) with the crime of rape. The charge covered only the first rape committed on Zoe even if she claimed she was raped four times. Chad denied the charge and claimed there was no force or intimidation and that Zoe consented to their sexual intercourse. During the trial, he was allowed to leave the country twice, and subsequently returned. Despite his defense however, the RTC still convicted him of rape by means of “force, violence and intimidation” and sentenced him to reclusion perpetua and to indemnify Zoe P20,000 consolidated damages. Was the RTC correct?

The RTC is not correct according to the Supreme Court. The evidence shows that Zoe did not seriously resist the sexual intercourse as she has no external injuries at all that would have shown her violent struggle to preserve her chastity considering that she claimed she had been raped four times. Zoe’s behavior immediately after the assault shows that she failed to contact her parents or tell her best friend Ina about her defloration by Chad. She even voluntarily accompanied Chad to the airport and later took the next plane to join him in a faraway city. Furthermore, Chad even petitioned for and was granted permission to leave the country twice during the trial, returning over a month later. He could have elected not to return here during those times he was allowed to leave yet he chose to return, apparently knowing that the charge of rape slapped on him is unwarranted.

The SC said that a charge of rape cannot be a fanciful whim as its consequences are horrendous. So the court should examine, analyze and evaluate painstakingly the facts of the case and be   convinced that the victim is telling the truth (People vs Herrick, G.R. 85137, July 12, 1990)