Dear Atty. Gab

Musta Atty! My name is Patricia Quezon, and I am writing to you because I am very worried about my niece, Maria. She is 19 years old and has been working as a kasambahay for a family here in Quezon City for about six months. Last week, she finally told me something terrible happened about a month ago. She said her male employer forced her to have sex with him in the house while his wife was away.

Maria told me she was terrified. He didn’t hit her, but he cornered her and threatened her, saying he would hurt her or fire her and tell everyone she stole something if she didn’t do what he wanted or if she told anyone. She said she froze and couldn’t scream or fight back much because she was so scared of him, as he has a bad temper. She just cried silently. What confuses me, Atty., is that she continued to work there for almost three weeks after it happened. She said she was scared to lose her job and didn’t know what to do or who to tell. She only told me when she couldn’t bear the fear anymore.

Now, the employer is denying everything. He claims he wasn’t even in the house that afternoon, saying he was at a meeting across town. Does Maria have a case? Can it still be considered rape even if she didn’t physically fight him off strongly or report it immediately? Does her staying on the job weaken her claim? I feel so lost and angry for her. We don’t know how the law sees situations like this.

We would be grateful for any guidance you can offer. Salamat po.

Sincerely,
Patricia Quezon

Dear Patricia,

Thank you for reaching out and sharing your concerns about your niece, Maria. It takes courage to speak up about such a difficult and traumatic situation, and I understand why you are worried and confused.

Please know that under Philippine law, the situation Maria described, if proven, can absolutely constitute rape. The core element is the lack of consent. Consent obtained through intimidation, such as threats of harm or job loss, is not valid consent. Her fear, her inability to fight back forcefully, and the delay in reporting are understandable reactions to trauma and intimidation and do not automatically mean the crime did not occur. The employer’s denial and claim of being elsewhere (alibi) are defenses he must convincingly prove, especially against Maria’s direct account.

When Fear Overpowers Consent: Understanding Rape by Intimidation

The crime of rape, particularly under the laws applicable before major amendments (though the principle of intimidation remains relevant), focuses heavily on whether carnal knowledge was obtained without valid consent. While physical force is one way this happens, intimidation is equally significant. Intimidation doesn’t always mean brandishing a weapon; it encompasses actions or threats that create intense fear in the victim, compelling them to submit against their will. The threat of physical harm, or even severe repercussions like job loss and reputational damage, especially from a person in a position of power like an employer, can constitute the intimidation required by law.

“When a victim is threatened with bodily injury… such constitutes intimidation sufficient to bring the victim to submission to the lustful desires of the rapist.”
(Philippine Jurisprudence)

This principle highlights that the fear induced by threats can be as potent as physical force in overpowering a person’s will. Maria’s statement that her employer threatened her aligns with this concept of intimidation.

You mentioned Maria didn’t fight back strongly or scream. It’s crucial to understand that the law does not require a victim to demonstrate heroic resistance. Fear can paralyze a person, rendering them unable to fight, shout, or flee. The courts recognize that submission due to overwhelming fear or intimidation is not consent.

“Failure of the victim to shout for help does not negate rape and even the victim’s lack of resistance especially when intimidated by the offender into submission does not signify voluntariness or consent.”
(Philippine Jurisprudence)

Furthermore, the fact that Maria delayed reporting the incident or continued working for her employer does not automatically discredit her testimony. Victims react to trauma in different ways. Fear of the perpetrator, shame, confusion, fear of not being believed, or economic dependence (fear of losing her job) are valid reasons for delayed disclosure or seemingly contradictory behavior. Courts understand that human reactions to sexual assault vary widely and are often complex.

“Delay in reporting an incident of rape is not an indication of a fabricated charge and does not necessarily cast doubt on the credibility of the complainant,” especially when such delay is satisfactorily explained by factors like fear or shame.
(Philippine Jurisprudence)

Regarding the employer’s defense of denial and alibi (claiming he was elsewhere), this is a common defense strategy. However, denial is generally considered a weak defense against a positive and credible accusation. For an alibi to be effective, the accused must not only prove he was somewhere else but also that it was physically impossible for him to have been at the location of the crime at the time it occurred. Mere claims of being at a meeting across town might not be sufficient if the travel time doesn’t make his presence impossible.

“For alibi to prosper, it is necessary that the accused must prove that he was somewhere else when the crime was committed and that it was physically impossible for him to have been at the scene of the crime.”
(Philippine Jurisprudence)

Ultimately, the credibility of Maria’s testimony will be paramount. If her account is clear, consistent, and believable, and withstands scrutiny, it can be sufficient for a conviction, especially when the reasons for her lack of resistance and delayed reporting are rooted in the fear instilled by her employer. The power imbalance between an employer and a young kasambahay is also a relevant factor the court may consider.

Practical Advice for Your Situation

• Encourage Formal Reporting: Assist Maria in reporting the incident to the local police station (specifically the Women and Children Protection Desk) or the barangay’s Violence Against Women and Children (VAWC) desk.
• Seek Medical Examination: Although time has passed, a medico-legal examination might still be useful, especially for documenting Maria’s testimony and psychological state. Seek assistance from the reporting officers for this.
• Document Everything: Help Maria write down everything she remembers about the incident, including dates, times, specific threats made, and any subsequent interactions related to the event, as soon as possible while memory is fresh. Preserve any potential evidence like text messages or related communications, if any exist.
• Seek Psycho-Social Support: Connect Maria with resources offering counseling or psychological support. Many NGOs and government agencies (like DSWD) provide these services for victims of abuse. This is crucial for her healing process.
• Consider Legal Aid: If you cannot afford a private lawyer, seek assistance from the Public Attorney’s Office (PAO). They provide free legal services to qualified individuals.
• Prepare for the Process: Filing a case can be a long and emotionally taxing process. Ensure Maria has a strong support system (family, friends, support groups).
• Her Testimony is Key: Reassure Maria that her truthful and consistent testimony is the most critical piece of evidence.
• Safety First: Ensure Maria’s safety, especially if she is no longer working for the employer or if there are concerns about retaliation. Consider temporary shelter options if needed.

Patricia, what happened to Maria is deeply concerning, and her feelings of fear and confusion are valid. The law recognizes that consent must be freely given, not extracted through threats or intimidation. Supporting her in seeking justice and healing is the most important step now.

Hope this helps!

Sincerely,
Atty. Gabriel Ablola

For more specific legal assistance related to your situation, please contact me through gaboogle.com or via email at connect@gaboogle.com.

Disclaimer: This correspondence is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please schedule a formal consultation.