Reluctant decision

Under our laws, children need special attention, care and assistance particularly those living in exceptionally difficult conditions.  Our Constitution itself warrants the right of children to “special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development.” Thus when a child under 12 years of age is sexually violated, the crime committed is already rape even if she readily consents to it or is fully conscious and not deprived of reason. But in this case of Trixie, this special treatment accorded to children seemed to be overlooked.

Trixie was one of the street children often seen in our streets. She ran away from her Grandmother’s house because of dire need due to poverty. Circumstances forced her to succumb and enter into this kind of profession. During evenings even up to midnight when most children were already past asleep, Trixie was still plying the streets of Olongapo in the company of other street kids.

During one of those evenings at about midnight, a foreigner later identified as Mr. George, took fancy at Trixie and one of her companions, Alex, 11 years old. They were brought by Mr. George to his hotel room and subjected to sexual abuse. Alex was the first victim followed by  Trixie. George asked Trixie to remove her clothes and then tried to penetrate Trixie but could not completely go in as his organ would not fit. The next morning, George paid P300 to Trixie and P200 to Alex. After George left, Trixie told Alex that the “amerikano” inserted something in her vagina although the following day Trixie informed Alex that the object was already removed.

Thereafter, Trixie and Alex continued to ply their trade as street children. About seven months later, Trixie was brought to the hospital by Bruno a garbage scavenger and her supposed guardian who found her bleeding, unconscious and foul smelling. Upon regaining consciousness Trixie complained of abdominal pain. The doctors discovered that a foreign object had been lodged in her intra-vaginal canal which turned out to be a sexual vibrator. Alex remembered this as the object which George was holding when they were brought to the hotel. He said it looked like a Vicks Inhaler. After the vibrator was successfully removed, Trixie’s condition turned for the worse until she died three days later.

George was prosecuted for the crime of rape with homicide of the young Trixie who died because of the foreign object, believed to be a sexual vibrator left inside her vagina. At the trial the prosecution tried to prove the age of Trixie merely through the testimonies of her grandmother and father who both declared that she was born on December 22, 1975, so that when the incident happened on October 10, 1986, she was below 12 years of age.  The record of admission in the hospital and the death certificate also declared she was 12 years old.  The lower court considered this evidence as sufficient to show her age. Said court also found that the vibrator was inserted by George. So it convicted George of the crime of rape and homicide.

But the Supreme Court acquitted George. The Court said that the proof of Trixie’s age was not sufficient in the light of the Baptismal Certificate which showed that she was baptized on December 25, 1974; so she could not have been born subsequent thereto or on December 22, 1975. Since there was a doubt that she was below 12 years at the time of the sexual assault, and since she submitted to the intercourse, there can be no rape committed on her according to the SC. The SC thus ruled that: “the environmental circumstances coupled with the testimonies and evidence presented in court clearly give the impression that Trixie, a poor street child, was a prostitute inspite her tender age. Circumstances in life may have forced her to submit to sex at such a young age but the circumstances do not come under the purview of force or intimidation needed to convict for rape””

Neither was the homicide proven beyond reasonable doubt, according to the SC. That George inserted the vibrator is only a possibility. But there is also a possibility that Trixie could have allowed herself to be violated by this perverse kind of sexual behavior between the hotel incident with George and seven months later when she was hospitalized.

An affirmance of conviction cannot be based on mere possibilities. Suspicions and possibilities are not evidence and therefore should not be taken against the accused.  Every circumstance favorable to the accused should be duly taken into account.  This rule applies even to hardened criminals, concluded the SC (Pp. vs. Ritter 194 SCRA 690).

Poor Trixie. Her extremely difficult situation in life was even used to favor her victimizer in a decision rendered by the SC with “distressing reluctance”. Obviously this case triggered the enactment of R.A. 7160 known as the “Special Protection of Children Against Child Abuse, Exploitation and Discrimination” which took effect on June 17, 1992. Under this law (Article III Section 5) George’s acts constitute child abuse because persons below 18 years are considered “children” exploited in prostitution and other sexual abuse.

Reminder: The Christian Family Movement of the Philippines (CFM) will hold its third “Takbo Familia Takbo”, a three kilometer “Fun Run Crusade against Domestic Violence on Woemn and Children at the University of the Philippines (UP) Diliman Academic Oval, on Sunday, November 29, 2015. Registration fee is P300 with free singlets, loot bags and gifts. Registration may be on site or online at the CFM website…www.cfmphil.org. registration form may also be obtained at tinyurl.com/cfmrun 2015. See you with your families, relatives and friends.

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