By Benjamin Cuaresma
The Supreme Court has formally adopted the term “victim-survivor” when referring to persons who have endured sexual violence, emphasizing not only the harm inflicted by the crime but also the dignity, agency and resilience of those who survive it.
The Court clarified in a decision written by Associate Justice Japar B. Dimaampao, in which its Third Division affirmed the conviction of a man for raping a 12-year-old child.
According to the ruling, the minor testified that the accused, the common-law spouse of her mother, dragged her outside her uncle’s residence while the household was asleep, raped her, pointed a knife at her and threatened to kill her if she disclosed what had happened.
The child later told her uncle and aunt that the accused had been sexually abusing her since she was nine years old. She said she had not reported the earlier incidents because she was afraid of his threats.
Both the Regional Trial Court and the Court of Appeals found the accused guilty beyond reasonable doubt.
The Supreme Court sustained the conviction, ruling that all the elements of rape were established and that the accused was positively identified as the perpetrator.
In the same decision, the Court explained its deliberate shift from the conventional use of the word “victim” in sexual violence cases.
“In lieu of the conventional victim when referring to individuals who have endured sexual violence, the term victim-survivor shall be adopted,” the Court said.
The terminology, it added, recognizes the harm and suffering caused by sexual violence while affirming the agency, resiliency and continuing dignity of those who survive such crimes.
The accused was sentenced to reclusion perpetua, or imprisonment of up to 40 years, and ordered to pay the victim-survivor P450,000 in civil indemnity and damages.
The Court also directed the Department of Social Welfare and Development to refer the minor to the appropriate rape crisis center for comprehensive assistance.
The intervention may include psychological counseling, medical and health services, measures to protect the child’s privacy and safety, counseling and medical assistance for her family when necessary, and programs intended to support her recovery.
The ruling underscores the Court’s recognition that while sexual violence inflicts profound harm, those who endure it retain their agency, dignity and capacity to recover.
IA/XF
