SC: Sexual history of victim inadmissible as evidence in child abuse cases

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Evidence showing a victim’s sexual predisposition or past sexual behavior is not admissible in any criminal proceeding involving child sexual abuse, the Supreme Court (SC) said on Friday.

In People of the Philippines vs. Adrian Adrales, the Court’s Second Division explained that the “sexual abuse shield rule aims to protect victims against invasion of privacy, potential embarrassment, and sexual stereotyping that happen when intimate sexual details are disclosed in public.”

Under the said rule found in Section 30 (a) of the Rule on Examination of a Child Witness, “evidence offered to prove that victims engaged in other sexual behavior or their sexual disposition is not admissible in any criminal proceeding involving child sexual abuse.”

This protection also encourages victims to speak up against their abusers, the Court added.

In the Adrales case, the SC did not accept his argument that his victim was known in their place as a prostitute.

The High Tribunal found him to have taken “advantage of [the victim’s] vulnerability, offering her money in exchange for engaging in sexual activities with different men.”

Wherefore, the SC found Adrales guilty of qualified trafficking in persons under Republic Act No. (RA) 9208 or the Anti-Trafficking of Persons Act of 2003.

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