Man jailed for sex with minor

 A trisikad driver in barangay San Nicolas, Cebu City, was sentenced to eight years in jail yesterday after the court found him guilty of having sex with a 17-year-old girl who is suffering from a mental problem.

Bobby Baleli, 28, of B. Aranas Street was charged with rape in relation to child abuse under Republic Act 7610, as Regional Trial Court Branch 24 judge Olegario Sarmiento ruled that the accused cannot be convicted of rape.

Sarmiento said the court had doubts that the victim was raped by the accused and believes the sexual engagement between Baleli and the complainant was consensual.

However, Sarmiento ruled that even if there was consent, the accused is still liable due to the vulnerability of the minor to manipulation.

Baleli used to work at a shellcraft factory in barangay Maguikay, Mandaue City, where he met the girl who was still 17 in January 20, 2003.

The girl, who is intellectually disabled, testified before the court that Baleli forcibly brought her to his house in B. Aranas Street, Cebu City, where she was raped.

She claimed that Baleli threatened to stab her if she cried out for help.  After the sexual abuse, Baleli convinced her to stay with him at his house for several days.

But the accused claimed that he and the girl are lovers and both of them agreed to stay together at the house of his parents in B. Aranas Street, but the girl’s mother brought with her some policemen and fetched her daughter.

Baleli claimed that the girl’s mother is against their relationship because he is poor.

“Kining kasoha makahatag ni og leksyon sa mga lalaki nga dili g’yod maayo nga makig-sex ka og minor de edad kay mapriso ka g’yod bisan pa og dunay consent ang ilang gihimo,” a practicing lawyer said.

Sarmiento also ordered Baleli to pay the victim P25,000 as indemnity.  — Rene U. Borromeo/BRP