ALTHOUGH Republic Act (RA) 9285, or the “Alternative Dispute Resolution Act of 2004,” allows out-of-court settlements, it does not cover child rape cases, and rightfully so. What child-victims want above all is justice and closure, not money, which goes to the parents or relatives, anyway.
Winning postponements are also tactics used by the defense to wear down the child seeking justice and persuade her (or him) to settle by withdrawing her (or his) complaint or take a payoff outside the court. Either way, it’s a travesty and mockery of justice.
Children take days to build up their determination and courage to prepare themselves to testify, only to feel deeply hurt and cry and throw tantrums when they hear the accommodating judge allow yet another postponement. The delay in hearings could take weeks or even months. The child has to remain separated from her or his family, especially if the judge granted bail to her or his alleged abuser.
Corruption-free, speedy justice is what is needed in greater measure. We need the approval and appointment of many more judges, and the implementation of the guidelines of the Supreme Court can help. The court system needs reform, and legislation is urgently needed to establish a children’s court. Sen. Risa Hontiveros has promised to study and bring forward such legislation.
A children’s court would exclusively hear all cases involving child abuse and children in conflict with the law, and hold continuous hearings. Judges and prosecutors would have special training in child-protection laws. At present, our family courts are so clogged that having a children’s court is necessary.
Not all courts move at a glacially slow pace. Despite a clogged court calendar, speedy justice can be done, as shown in recent cases that saw abused children receive them in the courts of Judge Maribel Mariano-Beltran in Iba, Zambales, and Judge Gemma Theresa Hilario-Logronio in Olongapo City. Many speedy trials are already completed and numerous convictions of child abusers have been handed down.
Child sexual abuse is traumatic. It damages and haunts its victims, no matter how deeply they bury it within themselves or try to banish it from their memory. Without healing therapy, it can lead to mental health issues that can cause some teenagers to turn to painkilling drugs.
Other victims who were denied justice could turn their pain and suffering into anger and even hatred, becoming violent, disruptive and vengeful. A few could even take violent revenge against their abusers once they become adults.
All of this can happen because the trauma caused by childhood sexual abuse is not treated, and victims get no help and are denied justice. This is the greatest pain of all: failure of the abused child’s family and society to acknowledge the injustice, hurt, fear and humiliation caused by the abuser.
And because of a dysfunctional judicial system that denies many abused children the right to enjoy justice and a life of freedom, their lives can become one continuous, unresolved trauma./PN
