CEBU, Philippines - Abuse charges were filed in court against two Indian nationals for allegedly abusing their house help sexually inside their rented house in Maghaway, Talisay City.
The complainant first filed a complaint for rape and serious illegal detention against Jaskaran and Gurpreet Singh but the Talisay City Prosecutor’s Office lowered the charges into other acts of abuse, saying there was no cause to indict the respondents into the rape charges.
In his resolution, Talisay City prosecution chief Marshall Rubia said the crime of rape did not occur, based on the circumstances bared during the investigation.
Some points considered material in the case include the fact that the complainant accepted the apology of Jaskaran after doing the sexual act and the fact that the complainant “did not offer a manifest and tenacious resistance to the alleged sexual abuse.”
The complainant alleged that the respondents took turns in abusing her repeatedly on July 13 and July 22, 2009.
Rubia also said that the complainant did not leave the rented house despite her being given a day off by the respondents.
“Consensual sexual intercourse or lascivious conduct with a minor who is not exploited in prostitution will fall to violation of Section 5 of RA 7610. During the clarificatory hearing, the complainant had stated that despite the fact of repeated sexual assault being committed against her by the respondents, she continued to stay with them as she was promised by the respondents a higher salary and she is very much concerned of not being able to send money anymore to her ailing father,” Rubia said.
Rubia added that the circumstances negate the fact of rape, but this does not mean that no sexual intercourse had happened.
Rubia asked the court to issue a hold departure order against the respondents “in order not to frustrate the ends of justice.” — Jasmin R. Uy/JMO (THE FREEMAN)