A 48-year-old trisikad driver was sentenced yesterday to 92 years imprisonment for raping his then 14-year-old stepdaughter three times at their house in Bacolod City.

Bacolod Regional Trial Court Branch 43 Judge Philadelfa Pagapong-Agraviador sentenced the stepfather, whose name is being withheld by the DAILY STAR to protect the identity of his victim, to two counts of reclusion perpetua, or 80 years, and to pay P100,000 in moral damages, for the rape of his stepdaughter at their Bacolod house on Jan. 6 and 19, 2007.

He was also sentenced to six to 12 years’ imprisonment for raping the minor with the use of his fingers on Dec. 30, 2006.

The victim said that when her stepfather raped her, he punched her in the stomach, slapped her, tied her hands to the headboard of her bed, and warned her if she told anyone about what he had done, he would kill her and her mother.

When she told her mother about the rapes, she did not believe her and told her not to tell lies about the accused, the victim told the court.

The victim then told her paternal aunt and was advised to file a case against the accused, and eventually she stayed at the Balay Pasilungan.

The stepfather denied raping the victim, and claimed she filed the rape cases against him because she did not like the fact that he was living with her mother. He also insinuated that it was the cousin of the victim who had sex with her.

The accused told the court it takes him three hours to reach his place of work from his house. However, the judge noted that it is more likely to take only about 30 minutes. Noting that the accused was lying, the judge said his “defense of alibi must necessarily crumble to nothingness”.

The prosecution presented a medico legal officer, who testified that the victim had lacerations in her private parts that could have been caused by sexual intercourse or insertion of fingers.

The judge noted that the victim testified in a direct and straight- forwarded manner that convinced her that she was speaking the truth.

“Courts usually give credence to the testimony of a girl who is a victim of sexual assault, particularly incestuous rape, because normally, no person would be willing to undergo the humiliation of a public trial and to testify on the detail of her ordeal, were it not to condemn an injustice. Youth and immaturity are generally badges of truth and sincerity,” Agraviador said, quoting People vs. Puerta.*CPG

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