Mute but eloquent proof

Rape is essentially committed in secrecy at dark or deserted and secluded places away from the prying eyes of any person. So the charge is usually filed solely upon the words of the offended woman herself and conviction invariably depends upon her credibility. In fact, the victim’s testimony is the most important factor to prove that the felony has been committed. But, what must be shown in order that the sole testimony of the woman victim will be considered as enough to secure conviction? This is the main question resolved in this case of Lian.

Lian is a sales clerk at a well-known department store. She is married to Joseph and has a seven-month-old son Ton-Ton. While she is working, Lian entrusted Ton-Ton under the care of Edna her mother-in-law in the nearby province.

One time during her day off from work, Lian went to the province to bring milk to her son. Then she returned to Manila in the afternoon of the same day. Upon reaching Manila at about 9 p.m. she decided to pass by her sister’s house in a suburban city, where she used to reside while still single, to get some things she had left when she moved to another town with her husband.

While walking in a street, Lian noticed Alan, who was clad in white sleeveless shirt (“sando”), approached her, greeted her and asked why she could not remember him anymore. He told Lian who was less than three feet away that they were related. Suddenly, Lian became dizzy and felt very weak. Then Alan hailed a taxi and brought Lian inside the cab and sat beside her at the backseat. 

The two then alighted in front of what Lian thought was a house but was actually a motel. They entered the place with Alan never releasing his hold on Lian. As soon as they were inside, Alan shoved Lian inside a room and pushed her so hard that she hit the wall, and after a struggle, he succeeded in satisfying his bestial desires. 

Despite her condition, Lian reached home and told her husband, Joseph her ordeal. As both cried, they agreed to report the matter to the National Bureau of Investigation (NBI) where she had a medico genital examination. A few months later, Alan was arrested when Lian saw his picture  in a tabloid newspaper and showed it to the NBI. So Alan was charged with the crime of rape.

The prosecution presented Lian as witness who reiterated tearfully what happened to her. The NBI medico-legal officer also testified and explained that normally the hymen of a woman who had already given birth would no longer suffer any laceration even if she was raped, like Lian. She also explained that no spermatozoa was found in Lian because its life span is for four days only which has already passed when she was examined.

Alan vigorously denied raping Lian and said that she voluntarily consented to their sexual intercourse narrating in detail her willingness to have sex and even calling him for this purpose.

After weighing the parties’ respective evidence the trial court found Alan guilty beyond reasonable doubt. It found Lian to be a credible witness as against Alan’s testimony which is “replete with inconsistencies and improbabilities.”

On appeal by Alan, this decision was affirmed by the Supreme Court (SC). The SC said that Lian testified in a candid, straightforward and categorical manner. Even during the grueling cross examination, Lian was unequivocal. Her testimony bears the hallmark of truth as she remained consistent on material points. According to the SC, “the rule is that when the victim’s testimony is straightforward and candid, unshaken by rigid cross-examination and unflawed by inconsistencies or contradictions in material points like that of Lian, the same must be given full faith and credit.” Even if her conduct before, during and after the incident seems to be unnatural, it will not affect her credibility because there is no standard form of human behavioral response when one is confronted with a strange, startling, frightful and traumatic experience – some may shout, some may faint and some may be shocked into insensibility.

In any case Lian did not succumb to Alan’s lustful design without resisting. Her conduct following the assault of breaking down when she got home and saw her husband, her willingness and courage to face interrogation and medical examination is a mute but eloquent proof of the truth of her claim. On the other hand Alan’s sweetheart defense cannot be given credence because of lack of corroborative proof like love notes, mementoes, pictures or tokens showing the existence of a romantic relationship. So Alan is really guilty of rape and should be sentenced to suffer the penalty of reclusion perpetua plus civil indemnity, moral, and exemplary damages (People vs Rapisora, G,R. 147855, May 28, 2004)

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