The situation presented by the person making this query is as follows:
My brother was accused of rape. He was separated de facto from his wife last year during the lockdown. Their child stayed with my brother. This June of 2021 the child reported that her father touched her private part when he was drunk and was asleep. The father denied this. They sleep in one room, together with his live in partner with her three kids. He alleges that he does not sleep beside his [dalaga, the age was not given] daughter. The question being asked is what should the father do about this accusation against him.
There is ambiguity in the facts presented, as it alleges touching the private part of the daughter when the father was drunk and he was asleep. Might it be possible that the father was drunk and the child was then sleeping when the act of touching the private part or sexual organ was made which might have awakened the child? Was the touching tantamount to sexual assault, where he inserted his finger to her sexual organ? Considering that the accusation is that of rape, the latter interpretation is logical.
The Revised Penal Code as amended states, to wit:
Art. 266-A. Rape. When and How Committed.- Rape is committed—
- By a man who shall have carnal knowledge of a woman under any of the following circumstances:
- Through force , threat or intimidation;
- When the offended party is deprived of reason or is otherwise unconscious;
- By means of fraudulent machination or grave abuse of authority;
- When the offended party is under twelve (12) years of age or is demented, even though
None of the circumstances mentioned above be present.
- By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of SEXUAL ASSAULT by inserting his penis into another person’s mouth or anal orifice, or ANY INSTRUMENT OR OBJECT, into the genital or anal orifice of another person.
It appears from the circumstance presented that the alleged rape done falls under the category of rape by SEXUAL ASSAULT.
As to the question, what should the father do regarding the accusation against him by his daughter?
If he is already detained or in jail, he has the option to avail himself of preliminary investigation and submit his counter-affidavit/s. He might request for free legal assistance from the Public Attorney’s Office. The likelihood that the case might be filed is high, it is the word of his daughter as against him. The defense of denial is weak and considering that this would involve the credibility of the parties, it is within the province of the court to hear and evaluate the evidence. It must however, be borne in mind that no daughter in her right mind would fabricate such charge against her father. He has to face the music.
IBP Davao Corner is a weekly column of Integrated Bar of the Philippines- Davao Chapter, giving legal advice as part of its legal aid program. The above legal opinion is based solely on the appreciation of the facts and problem given and stated above. The opinion may vary when other facts, circumstances, and situations are stated. You may send your comments and questions to ibpdavao@gmail.com.
