Legal Medicine Paper

Submitted by:
Shekinah Kitta H. Delgado
2017400181

Submitted to:
Dr. Ivy D. Patdu MD. JD.
I. My key learning about child abuse is that there is a thin line between child discipline and
child abuse. Whenever I see a child crying because he/she is being whipped, patted or scolded
by their parents in public or in front of their relatives, my first instinct is not to get involved
because it is the parent’s right to discipline their child and it is none of my business. Also,
based on Filipino culture, these kinds of punishment seems normal to me since I grew up
experiencing the same kind of punishment and so as my parents and the generations before
them. Unfortunately, it only has become a norm because it is widely used by most of Filipino
family and not because it is a very good practice.

According to the case of Bongalon v. People not all laying of hands to a child is child abuse.
In that case, the Court expounded the definition of child abuse being referred to in R.A. No.
7610. The Court held that only when the laying of hands is shown beyond reasonable doubt to
be intended by the accused to debase, degrade or demean the intrinsic worth and dignity of the
child as a human being should it be punished as child abuse, otherwise, it is punished under
the RPC. In addition to, the Supreme Court in the case of Rosaldes v People reiterated that in
child abuse the maltreatment may consist of an act by deeds or by words that debases,
degrades or demeans the intrinsic worth and dignity of a child as a human being , and the act
need not be habitual.

Reading cases and studies about child abuse made me realize that as adults we need to be
more vigilant and observant towards other people’s interaction to every children in our
community regardless of their relationship to the child because child abuse does not
discriminate based on sex, socio-economic status and relationship of the perpetrator to the
child. Furthermore, I think that we also need to make every children’s welfare our business
because sometimes an isolated event of maltreatment or the usual practice of punishing a
child as a form of discipline can already be considered as child abuse and not child discipline
anymore.

II. Child Sexual Abuse Accommodation Syndrome

According to a study published by Dr. Roland C. Summit in 1983, entitled “Child Sexual
Abuse Accommodation Syndrome,”sexually abused children have different reactions to
sexual abuse compared to adult victims and that it is more prevalent and more detrimental to
individual and to society than has even been acknowledged by clinical or social scientist.
Based on the same study, Dr. Summit claims that the most typical reactions of sexually
abused children is composed of five categories, of which two define basic childhood
vulnerability and three are sequentially contingent on sexual assault: (1) secrecy, (2)
helplessness, (3) entrapment and accommodation, (4) delayed, unconvincing disclosure, and
(5) retraction. The purpose of the Syndrome is to provide a simple and logical model for use
by clinicians to improve understanding and acceptance of the child’s position in the complex
and controversial dynamics of sexual victimization.

III. Doctrines/defenses/theories in rape cases decided by the Supreme Court

1. Neither the crampness of the room, nor the presence of people therein, nor the high risk of
being caught, has been held sufficient and effective obstacle to deter the commission of rape.
– The Supreme Court ruled in the case of People v. Jastiva that Case law shows numerous
instances of rape committed under indirect and audacious circumstances. The lust of a
lecherous man respects neither time nor place. Neither the crampness of the room, nor the
presence of people therein, nor the high risk of being caught, has been held sufficient and
effective obstacle to deter the commission of rape.

2. The absence of fresh lacerations does not negate sexual intercourse. In fact, rupture of the
hymen is not essential as the mere introduction of the male organ in the labia majora of the
victimÊs genitalia consummates the crime. - The Supreme Court ruled in the case of People v.
Suansing that the absence of fresh lacerations does not negate sexual intercourse. In fact,
rupture of the hymen is not essential as the mere introduction of the male organ in the labia
majora of the victim’s genitalia consummates the crime. What is required for a consummated
crime of rape is the mere touching of the labia by the penis.

3. For rape to exist, it is not necessary that the force or intimidation be so great or be of such
character as could not be resisted it is only necessary that the force or intimidation be
sufficient to consummate the purpose which the accused had in mind. - The Supreme Court
ruled in the case of People v. Lucena that it is only necessary that the force or intimidation be
sufficient to consummate the purpose which the accused had in mind. Further, it should be
viewed from the perception and judgment of the victim at the time of the commission of the
crime. What is vital is that the force or intimidation be of such degree as to cow the
unprotected and vulnerable victim into submission. Force is sufficient if it produces fear in the
victim, such as when the latter is threatened with death.

4. It would be unfair to convict a man of rape committed against a woman who, after giving him
the impression thru her unexplainable silence of her tacit consent and allowing him to have
sexual contact with her, changed her mind in the middle and charged him with rape - The
Supreme Court ruled in the case of People v. Tionloc that that resistance must be manifested
and tenacious. A mere attempt to resist is not the resistance required and expected of a woman
defending her virtue, honor and chastity. In other words, it would be unfair to convict a man
of rape committed against a woman who, after giving him the impression thru her
unexplainable silence of her tacit consent and allowing him to have sexual contact with her,
changed her mind in the middle and charged him with rape.

5. R.A. No. 8353 eradicated the archaic notion that marital rape cannot exist because a husband
has absolute proprietary rights over his wife’s body and thus her consent to every act of
sexual intimacy with him is always obligatory or at least, presumed. - The Supreme Court
ruled in the case of People v. Jumawan Clearly, it is now acknowledged that rape, as a form of
sexual violence, exists within marriage. A man who penetrates her wife without her consent
or against her will commits sexual violence upon her, and the Philippines, as a State Party to
the CEDAW and its accompanying Declaration, defines and penalizes the act as rape under
R.A. No. 8353. A woman is no longer the chattel-antiquated practices labeled her to be.
6. Maria clara doctrine - The Supreme Court ruled in the case of People v. Tana that It is a well-
known fact that women, especially Filipinos, would not admit that they have been abused
unless that abuse had actually happened. This is due to their natural instinct to protect their
honor. We cannot believe that the offended party would have positively stated that intercourse
took place unless it did actually take place. However, in the case of People v. Amarela and
Racho And while the factual setting back then would have been appropriate to say it is natural
for a woman to be reluctant in disclosing a sexual assault; today, we simply cannot be stuck to
the Maria Clara stereotype of a demure and reserved Filipino woman. We, should stay away
from such mindset and accept the realities of a woman's dynamic role in society today; she
who has over the years transformed into a strong and confidently intelligent and beautiful
person, willing to fight for her rights. In this way, we can evaluate the testimony of a private
complainant of rape without gender bias or cultural misconception. It is important to weed out
these unnecessary notions because an accused may be convicted solely on the testimony of
the victim, provided of course, that the testimony is credible, natural, convincing, and
consistent with human nature and the normal course of things.14 Thus, in order for us to
affirm a conviction for rape, we must believe beyond reasonable doubt the version of events
narrated by the victim.

IV. Battered woman syndrome battered woman syndrome is syndrome that can only be
invoked by a battered woman who is defined by Supreme Court in People v. Genosa as a
woman "who is repeatedly subjected to any forceful physical or psychological behavior by a
man in order to coerce her to do something he wants her to do without concern for her rights.
Battered women include wives or women in any form of intimate relationship with men.
Furthermore, in order to be classified as a battered woman, the couple must go through the
battering cycle at least twice. Any woman may find herself in an abusive relationship with a
man once. If it occurs a second time, and she remains in the situation, she is defined as a
battered woman."|||

The battered woman syndrome is characterized by a "cycle of violence," which has three
phases: (1) the tension-building phase; (2) the acute battering incident; and (3) the tranquil,
loving (or, at least, nonviolent) phase. In the same case cited above, the Supreme Court
emphasized that in criminal cases, all the elements of a modifying circumstance must be
proven in order to be appreciated. Therefore, for the battered woman invoking this defense to
be not criminally liable she must prove that she had gone through all the three phases of the
syndrome with the victim. Otherwise, she would be liable for her acts.

V. Signs of lying
a. Behavioral pause or delay
b. Verbal/non-verbal disconnect
c. Hiding the mouth or eyes
d. If a person clears his throat or performs a significant swallow prior to answering the question
e. Lack of eye contact
f. Unusual gesticulating
g. Improvising with the details
VI. Based on what I read about child abuse, rape and domestic violence, I learned that these
crimes usually does not get to be investigated and the abuse can go on for years because the
victims are afraid to tell someone. They are afraid that either nobody will believe them or they
will be judged for what happened or worst that their abusers or rapist will harm them if they
will tell the authorities or someone about what happened to them. Therefore I think that what I
can contribute now is to be vigilant and observant of possible cases of these crimes among my
circle of friends and family relative; also, to believe them or at least give them a safe space for
them to tell their stories and not judge them for what happened. I think that giving the
survivors of these crimes enough moral support for them to tell their stories to the proper
authorities is good start in shedding light about how these crimes are being committed.