THE Supreme Court has adopted the term “victim-survivor” in sexual violence cases, saying it recognizes not only the harm suffered but also the resilience and dignity of those who endure such abuse.
The Court made the clarification as it affirmed the conviction of a man for raping a 12-year-old child who had allegedly been sexually abused by him since she was nine.
In a decision written by Associate Justice Japar Dimaampao, the Court’s Third Division upheld the findings of both the Regional Trial Court and Court of Appeals that the accused was guilty beyond reasonable doubt.
The child testified that the accused, her mother’s common-law spouse, dragged her outside her uncle’s residence while everyone was asleep, raped her, pointed a knife at her and threatened to kill her if she disclosed the assault.
She later told her uncle and aunt that the accused had been sexually abusing her for years.
She said she had not reported the earlier incidents because she feared his threats.
The Court found that all the elements of rape were established and that the accused was positively identified as the perpetrator.
In explaining its terminology, the Court said it would use “victim-survivor” instead of the conventional term “victim” when referring to people who have endured sexual violence.
The Court said the term deliberately recognizes both the suffering caused by sexual violence and the strength, agency and resilience of those who survive it.
The accused was sentenced to reclusion perpetua 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 (DSWD) to refer the child to an appropriate rape crisis center for comprehensive assistance.
Such assistance may include psychological counseling, medical and health services, privacy and safety protection, and counseling and medical support for the child’s family when necessary.
The Court also said recovery programs should be made available to support the victim-survivor following the traumatic experience.
