Supreme Court
Supreme Court

MANILA—The Supreme Court (SC) has adopted the term “victim-survivor” when referring to people who have experienced sexual violence, saying the terminology recognizes both the harm they suffered and their resilience.

The SC’s Third Division made the clarification in a Decision penned by Associate Justice Japar B. Dimaampao, which affirmed the conviction of a man for raping a 12-year-old child.

The child testified that the accused, who was the common-law spouse of her mother, dragged her outside her uncle’s residence while everyone was asleep, raped her, pointed a knife at her and threatened to kill her if she disclosed the incident.

She later told her uncle and aunt that the accused had sexually abused her since she was nine years old. She said she did not report the abuse earlier because she was afraid of his threats.

Both the Regional Trial Court and the Court of Appeals found the accused guilty beyond reasonable doubt.

The SC upheld the conviction, finding that the elements of rape were present and that the accused was positively identified as the perpetrator.

In explaining its terminology, the high court said it would use “victim-survivor” instead of “victim” in cases involving sexual violence.

“In lieu of the conventional victim when referring to individuals who have endured sexual violence, the term victim-survivor shall be adopted. This deliberate choice of words recognizes the harm and suffering inflicted while affirming the agency, resiliency, and continuing dignity of those who survive such violence.”

The accused was sentenced to reclusion perpetua, or up to 40 years in prison, and ordered to pay the victim-survivor PHP450,000 in civil indemnity and damages.

The SC also directed the Department of Social Welfare and Development to refer the minor to the appropriate rape crisis center for assistance.

The assistance may include psychological counseling, medical and health services, measures to protect the minor’s privacy and safety, counseling and medical support for her family when necessary, and programs intended to support her recovery.

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