Rape charges downgraded after consensual sex proven

CEBU, Philippines - Charges for rape against a 59-year-old man was downgraded to “other acts of sexual abuse” after the City Prosecutor’s Office found out that there was consent on the part of the complainant to engage in the sexual act.

The original complaint filed by the 15-year-old girl before the Regional Trial Court was rape against Conrado Conde of Talisay City who allegedly raped her inside a motel here in Cebu City last August 5, 2008.

According to the minor, Conde asked her to come with him to barangay Tabunok as he will be “attending to his lending business”.

But instead of heading for Tabunok, the suspect drove his motorcycle towards Cebu City and stopped by one of the motels.

The girl said in her affidavit that while they were outside the motel, Conde instructed her to use a crash helmet so that when the room attendant approached them, he did not notice that Conde’s companion   is a minor.

When they were inside the room, the sexual abuse happened.

But according to the respondent in his counter-affidavit, minors are not allowed inside motels. He then questioned the credibility of the complainant.

The complaint of rape was downgraded to “other acts of sexual abuse” after the city prosecutor’s office found out that there was alleged consent to the said act.

“It would appear that she was more concerned of not getting impregnated than the non-commission of the sexual act.

The consent was not secured through force but of any other factor like undue influence,” prosecutor Noel Cellona said.

According to Cellona, when he conducted a clarificatory hearing, he is convinced that Conde did not commit rape.

“The evidence would show that there was implied consent,” Cellona said. — Jasmin R. Uy/MEEV (THE FREEMAN)