MANILA, Philippines – The Department of Foreign Affairs (DFA) is set to file a petition to reopen the investigation on the rape case filed by a Filipina in Okinawa against an American serviceman after it was dismissed by the Naha Public Prosecutor last week for lack of probable cause to indict the suspect.
DFA Undersecretary for Migrant Workers Affairs Esteban Conejos Jr. said in a press briefing yesterday that the motion will be filed before the Public Prosecutor’s Office.
He said the embassy has instructed the Japanese lawyer who represents the Filipina victim “to assess the situation and come out with a recommendation on what is the next step that we are going to take to ensure that the interest of our OFW is well taken care of.”
The DFA is also awaiting the result of the lawyer’s assessment on other legal remedies for the Filipina.
Conejos explained that there is a remedy under Japanese criminal procedure for the complainant to file a motion for reinvestigation.
Under Japanese law, the petition to reopen the investigation can be filed within 15 days from the time the decision was handed down by the prosecutor.
“That remedy is likewise available under the Japanese judicial system and that is one of the options we’re looking at in trying to uphold the interest of our OFW. But I told you this is only one of the options open to us. I’d like to see other options lined up for us in this case and that will have to come from our Japanese lawyer who represents our OFW,” he said.
Conejos emphasized another option being considered is making representations with US military authorities for the initiation of court-martial proceedings against the American serviceman.
He said that this was the option resorted to by a Japanese woman allegedly raped by a US military personnel that was also dismissed by the prosecutor.