The Department of Justice (DOJ) has filed charges against two independent contractors over the alleged rape of actor Sandro Muhlach.
According to Saleema Refran’s report on Super Radyo dzbb on Wednesday, prosecutors filed one count of rape through sexual assault and two counts of acts of lasciviousness against Jojo Nones and Richard Cruz with a Pasay Regional Trial Court (RTC).
This was after prosecutors found prima facie evidence with reasonable certainty of conviction to hold Nones and Cruz liable for the crime.
The case was raffled to the Pasay RTC Branch 115.
This stemmed from the complaint filed by Muhlach and the National Bureau of Investigation against the two contractors with the DOJ in August.
In their counter-affidavit, Nones and Cruz asked the DOJ to dismiss the complaint against them, saying the allegations were not supported by documentary evidence.
However, in its 20-page resolution, the DOJ panel of prosecutors found that all elements of sexual assault and acts of lasciviousness are present in the case They also found that the element of force and intimidation was established by Muhlach.
“It is clear from the statement of complainant Sandra in his affidavit that he repeatedly resisted and pleaded with respondents to stop their unwanted sexual advances,” the resolution read.
“Unfortunately, complainant Sandro was too physically too weak and dizzy to succeed due to the effects of the drugs and alcohol,” it added.
Aside from this, the DOJ said Muhlach’s seemingly normal behavior after the incident does not mean that he was not sexually abused.
The DOJ said it is unfair to expect the complainant to act conformably to the usual expectations of people.
“This experience is relative and may be dealt with in any way by the victim depending on the circumstances, but her credibility should not be tainted with any modicum of doubt,” it said.
According to the DOJ, the delay in the reporting of the incident also does not taint Muhlach’s credibility.
It said that Muhlach was able to explain that he did not initially intent to disclose the details of the assault to his father and authorities as he was afraid of its possible percussions to his acting career.
Meanwhile, prosecutors said that Nones and Cruz were deemed to have acted in conspiracy.
Sought for comment, Atty. Maggie Garduque, the legal counsel of Nones and Cruz, said they have yet to receive a copy of the resolution.
“We will issue a statement as soon as we receive the copy and we have read the basis of the department in giving due course to the complaint,” Garduque said in a message to GMA Integrated News. —KBK, GMA Integrated News
Be the first to comment