BY FR. SHAY CULLEN
DEFENSE lawyers try to postpone and extend hearings so that “witness fatigue” makes the child and supporters lose heart of ever getting justice. The delays, if and when granted by the court, gives the defense time to pressure the child’s family into withdrawing the case, offer an out-of-court settlement or prevent the child from appearing in court.
The purpose of the judicial system is frustrated and trust in the judicial system can be thereby tarnished. The child continues to suffer and be threatened by the abuser if he is not already jailed or is out on bail.
This is happening now and prosecutors are asking judges to order the child to be referred to children’s homes like Preda Foundation for her or his protection and empowerment.
Some courts in Zambales and other provinces in Central Luzon are doing that at present to see that the child is cared for and justice is done. This prevents the judicial system from being manipulated and rendered useless in abuse cases.
The Preda Foundation’s home for abused children empowers the children so that they win justice and closure with as many as 21 convictions of their abusers in 2022 alone and an average of 16 convictions annually.
Five judges in family courts in Cebu had a meeting with the President of Preda Foundation, Francis Bermido Jr. and the Executive Director, Emmanuel Drewery, and explained that many children are not attending their hearings after they file cases because they are prevented and hidden away by the accused and his relatives.
Impressed by the high conviction rate by Preda empowered children, the judges asked them to open a protective and empowerment therapeutic home in Cebu to empower the children to testify clearly to the truth without fear or hesitation in court and be consistent under cross examination.
Dedicated prosecutors are asking the same as they can win many more cases. When the children receive no care, therapy or protection, they are threatened and terrified to testify and are emotionally unable to repeat the story of their rape and abuse. The judges see that justice is denied the child-victims and their courts cannot do justice.
Protective empowerment therapeutic homes are a key element in the judicial system to deliver justice and implement the law. The news of every conviction spreads on social media and that is a powerful deterrent to would-be child abusers.
During her recent visit to the Philippines, Mama Fatima Singhateh, the UN special rapporteur for on-line child abuse and child trafficking and domestic child abuse, advised that the Philippines pass a law to set up a special children’s court. This is needed to hear child abuse cases exclusively.
She called for the creation of a court exclusively for child abuse cases, instead of having them lumped together with other cases handled by family courts. Child sexual abuse cases, she said, “should be decided expeditiously. Delays cause trauma on victims because they get to relive their ordeal over and over again until the case is resolved.”
The UN rapporteur also supported the creation of a child protection home inside the judicial system, the very urgent need that the Cebu judges are requesting Preda Foundation to establish. Preda is presently looking for agencies and sponsors of such a therapeutic home.
The new child marriage law is soon to be implemented and Mama Fatima Singhateh said the Philippines should monitor all so-called “child marriage” abuse cases and collect data on the number of rescued children, all reported cases and the number of convictions which, at present, is dismally very low nation-wide if any.
Prosecutors ought to request judges to order the threatened and intimidated child- victims be protected, healed, and empowered in a specialized therapeutic home. This is an urgent need and dedicated lawmakers should file and present their proposed new law establishing a Children’s Court to deliver justice to them and make history.
Report abuse to shaycullen@gmail.com. (preda.org)/PN
