World

Rape Case More Difficult For the Accused

by Babel-Fish | June 25, 2009 at 05:32 am

958 views | 28 Recommendations | 5 comments

The mere filing of a Rape Case against an individual especially a prominent personality is in essence the easiest way to ruin one's reputation. Though presumed innocent until proved otherwise, most accused especially the well-known or the famous character suffers a lot from ridicule and from being judged by people in the community, even before a final judgment from a court of justice is released just because of irresponsible airing and presentations in any television networks or other media coverage resulting in trial by publicity.

The presumption of innocence unless proven beyond reasonable doubt is based on the principle of justice designed to prevent conviction of the innocent. The Supreme Court of the Philippines ruled in a number of cases that, proof must survive the test of reasons. The conviction must be based on moral certainty, for it is better to acquit a guilty person rather than convict an innocent man. (Source: People vs. Dramayo, 42 SCRA 60 and People vs. Vasques, et.al. G.R. No. 102366, October 3, 1997)

How hard is it therefore for an innocent accused to disprove that he did not commit the crime of rape against an individual?

Today I have read two articles concerning rape in United Kingdom:

http://my.nowpublic.com/world/new-study-reveals-men-lack-sympathy-rape-victims

http://my.nowpublic.com/world/police-still-dismiss-rape-victims

and now a very good Filipino citizen journalist friend Cemanes invited me to read and comment on a well written article that actual highlight another angle concerning rape. Its of course a very interesting coincidence hopefully it will bring more understanding about the problems of rape cases when justice is in process.

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Babel-Fish

at 06:05 on June 25th, 2009

Dear Cemanes you asked for my opinion to your wonderful well wrote article:

Actual I feel that its equally as hard for the accused as it is for victims to prove a case that is just word for word that with out very good evidence, only good evidence such as witnesses is the only way someone should be claimed guilty.

The problem is its so easy for people to lie in a word for word case and if their is a prominent personality involved and they are innocent, taking a word for word case to court is really a very bad option that prosecutor should be very wary of. Its also wrong for the media to publish or relate such stories. The reality here in the Philippines is that the trial begins in the media before it ever reaches the court.

With rape cases there is really a requirement for a sensible balance relating to the evidence especial when its very obvious that the accused will be declared innocent because of the lack of solid evidence. Unfortunate some rapist will get away with the crime, but that is better than an innocent person being punish for something they did not do because the accuser lied. That is and should be the reality of good effective fair justice.

Amy Judd

at 10:31 on June 25th, 2009

Interesting article.

rqcemanes

at 17:29 on June 25th, 2009

Hi Bob,

Thanks for appreciating my article and giving your inputs. 'Hope this article will reach the eyes of the concerned in upholding justice. The administration of justice is a priesthood of truth which really entails propriety and integrity. A sense of honesty and uprightness, wherein those men should not be a hoodlums in robe but rather be men of great wisdom and knowledge for the truth.

Babel-Fish

at 19:47 on June 25th, 2009

Your welcome.

"The administration of justice is a priesthood of truth" and hope that true as I have a court case concerning a minor accident here in the Philippines of which I am the innocent party, but I am told by other foreigners here that record shows that foreigners lose most cases even when innocent. I am not too worried however and it gives me a personal insight concerning Filipino justice, if I lose the case then well I have to put it down to life experience.

Its nice to see your also a member here on nowpublic, Rose i should of ask you to post your article here and now feel guilty of gaining some points here on another nowpublic members article, lol. Hey please copy your articles here as well as long as you have copyright its perfectly okay and I for one think you are one of the best Filipino citizen journalist on the WWW. I am of course selfish as I don't want to miss one of your articles, lol