Half brother of 6-year-old girl charged for rape

CEBU, Philippines - The City Prosecutor’s Office has elevated to court five counts of rape charges against the half brother of a six-year-old girl for abusing the girl in 2009.

“The evidence satisfactorily established that complainant six year-old was sexually abused by the respondent five times. In support, the Medical Evaluation of the VSMMC shows definitive evidence sexual contact,” reads the ruling of Prosecutor Ricky Jones Macabaya ruled.

He likewise ruled that the defense injected by the respondent through his counter-affidavit was “evidentiary matter,” which can be best appreciated in a full blown trial for the court to determine the credibility of the witnesses.

However, Macabaya dismissed the complaint for violation of Republic Act 7610 or law against child abuse for lack of probable cause.

“The complainant failed to establish that the said acts constitute child abuse, cruelty or exploitation, which is prejudicial to child’s development, as contemplated by law,” Macabaya ruled.

Assisted by her mother, the girl filed the case against her half brother in 2009. She alleged that her half brother raped her at least five times inside his room where he was reportedly teaching her how to read. She was an incoming grade 1 student at that time.

She alleged that the first incident happened on April 3, 2009 when her half brother kissed her and covered her mouth so she could not shout. He then raped her successfully.

This again allegedly happened on April 4, 6, 7 and 8, 2009. She said she did not inform her mother about what happened because her half brother allegedly threatened that he would undress her again if she would tell anyone of the incidents.

Her mother eventually learned about what happened on April 9, 2009 when she saw bloodstains on the girl’s underwear, prompting her to bring the girl to the Vicente Sotto Memorial Medical Center (VSMMC). Examination showed that the girl had been abused sexually.

In his counter affidavit, the respondent admitted that the complainant is his half sister, but denied he touched her. He also denied teaching the girl to read because classes had just ended at that time and he was not interested in anything that dealt with school. — (FREEMAN)