Children suffer most when justice is denied

Beth was a docile and submissive child. She lived in fear of her dominating father and he was addicted to buying the dirt cheap child pornography CDs that are widely available in the Philippines. It was perhaps inevitable that he would rape her and he did several times over two years ago in the province of Bataan not far from Manila. When she was rescued and brought safe in the Preda Children’s Home, she recovered and was soon strong and brave enough to tell her story to a lawyer.

But after 28 months there has not even been a preliminary hearing by a prosecutor. Although Preda is a small non-government organization protecting children and helping them recover and seek justice through the courts, there are many more all over the Philippines abandoned and alone. Preda has 19 such cases as little Beth in Bataan without a preliminary investigation even. Imagine how many more are awaiting action throughout the rest of the country.

There are good dedicated prosecutors pursuing justice for victims of child rape but not enough by far. In other cases in the care of the Preda Home for children, two 11-year-olds are waiting 26 months now for a preliminary investigation of their complaint. Both were

raped by their father and step-father respectively. In this children’s home alone there are eight more cases of child rape waiting between 14 months and 21 months for preliminary investigations. The law says that once the complaint has been filed there must be a preliminary investigation immediately and no delay is permitted longer than one or two months.

When a prosecutor does have a preliminary investigation and sets the case for his decision there are further delays long beyond the legally allowed period, which is 90 days maximum for his decision to dismiss the case or send it to court. Bribery at this stage is not unknown and waiting for the money to be offered causes delay too.

In Metro Manila, there are four cases where the children are waiting seven to nine months for a decision. In another case 14 months delay. In the case of a 15-year-old trafficked to a brothel in Malaysia, it might take two or three years until the court trial is over. By then the traffickers will be long gone, the witnesses lost or suffering fatigue and bribery can be a factor at every state of the process. The lack of training, the low pay and under budgeted offices, huge work loads and the chronic lack of prosecutors are other causes for the failure of the prosecution system. The inability of police to provide forensic evidence and government offices to provide supporting documents are contributing factors to the long delays and final failure to get a conviction.

People in the Philippines and abroad ask why there is so much sexual abuse of children. One answer is that there are too many dismissals, few prosecutions or convictions and so no deterrent. The proliferation of child pornography is shocking and stimulates pedo­philes. The rapists and sex tourists are emboldened and the incest and child rape goes on daily with impunity.

The children are the ones suffering the most because of this breakdown in the system of justice. Swift and fair justice would put many abusers behind bars. Until they are there, will go on abusing other children and the victims cannot go home out of fear. Their stay at children’s home is extended and the pressure on the child’s family to drop the case and persuade the child to desist becomes unbearable.

This failure of justice allows the illegal arbitration or mediation system of the village chief to grow. A deal to settle the case is reached and the abuser agrees to pay compensation to the family. The village leader keeps a percentage as his commission. The child gets no help and no justice, the abusers continue to rape with impunity. Much needs to be done to reform the system and truly implement the law. Until then we have to do our best to help the victims recover and find a new and better life even without justice.–Fr. Shay Cullen, Manila Times

e-mail: preda@info.com.ph.