No bail for boy accused of raping cousin

CEBU, Philippines - No bail was recommended for a 17-year-old boy who was accused of raping his 12-year-old cousin.

 The suspect, a resident of Tugas, Bolinawan, Carcar City, was charged for rape in relation to violation of Republic Act 7610 or child abuse after Prosecutor Richard Abangan, Sr. found sufficient evidence to elevate the case to the court.

 Abangan pointed out that a subpoena was issued but the suspect could not be reached in his given address.

 “The uncontested evidence is overwhelming that a probable cause exists to engender a well-founded belief that a crime of rape is committed and respondent is responsible thereof,” he added.

 In the victim’s sworn statement executed in the presence of social worker Erlinda Vasquez, she stated she was raped on July 31, 2011 at 3:00 p.m. when she was alone and asleep at her aunt’s house.

 “On July 31, 2011 at 3:00 pm I’m alone in the house, I was sleeping inside the room of my aunt, I was awakened because there’s somebody touching me. When I opened my eyes, I saw my cousin naked and I’m also naked and he laid beside me,” she said.

 The victim said the accused sexually abused her despite her struggles and even if she asked him not to.

“I struggled and I told him don’t do this because I will become pregnant and he told me he knows that I will not be pregnant,” she said.

 The victim said she was able to escape and got dressed after she managed to run.

 Abangan ruled that based on the statement of the victim, he found all elements of rape were present.

 “The evidence at hand is clear that the act of sexually molesting the complainant and eventually raped her is utterly without the consent of the victim,” the resolution reads. (FREEMAN)