Man indicted for sexually abusing 11-year-old

CEBU, Philippines - The Office of the Cebu City Prosecutor has indicted a man for allegedly sexually abusing his 11-year-old neighbor.

Cebu City Assistant Prosecutor Ruso Zaragoza held a man for trial after finding probable cause against him for rape.

The FREEMAN is withholding the names of the accused and the victim due to the sensitive nature of the case.

The victim alleged that sometime last year, the accused suddenly entered her room and took off her lower clothes.

The accused reportedly held her hands tightly and covered her mouth. The victim resisted by kicking him but the accused allegedly held her hands strongly. The accused then allegedly sexually abused her.

The victim, however, claimed she could not remember the time and date of the incident but was certain it happened one afternoon when she was still a fifth grader.

She was assisted by her aunt upon the filing of the rape and child abuse complaints against the accused.

The accused, who was no longer found in his last known address, failed to submit his counter-affidavit and other controverting evidence despite being summoned.

“His sudden change of residence is somewhat not a coincidence but a ploy to avoid the process of investigation or perhaps it was his plan or intention not to be reached by the claws of justice for having known the filing of these cases,” Zaragoza’s joint resolution read.

Zaragoza gave weight to the statements of the victim since she was able to consistently recount the facts and circumstances of the incident in “perfect” detail.

“It is understandable for her, being still of tender age, not to remember the exact date and time of the subject incident. As an eleven-year-old child and by human instinct, it would be hard for her to fabricate story or situation against a person, unless being coached by malicious person,” he said.

Zaragoza also said there was no proof that the victim was manipulated by someone who has ill motives against the accused.

Although there was no evident injury on the external genitalia and hymen of the victim after an examination was done, Zaragoza held the victim’s medico-legal certificate does not reject the possibility of rape since the incident took place long ago and the injuries may have already healed.

Zaragoza, however, dismissed the complaint for child abuse against the accused since perpetrators who victimize those under 12 years old shall be prosecuted under the Republic Act 8353 or the Anti-Rape Law of 1997.

Zaragoza recommended no bail for the temporary liberty of the accused while his case will be heard in court. — Grace Melanie I. Lacamiento/ATO (FREEMAN)