ASG Law

Tag: Rape Law Philippines

  • Breaking the Silence: Understanding Incestuous Rape and Victim Testimony in Philippine Law

    The Power of Victim Testimony in Incestuous Rape Cases

    TLDR: This Supreme Court case affirms the conviction of a father for raping his daughter, highlighting the crucial role of victim testimony, especially in incestuous rape cases where intimidation and fear are significant factors. The decision underscores that delayed reporting and seemingly compliant behavior from victims do not negate the crime, particularly within the context of familial abuse. Philippine law recognizes the unique psychological dynamics of incestuous rape, where moral ascendancy and fear can replace physical force.

    [ G.R. No. 121906, September 17, 1998 ] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. FELIPE DE LOS SANTOS Y CACHUELO, ACCUSED-APPELLANT.

    INTRODUCTION

    Imagine the unimaginable: a child betrayed by the very person meant to protect her – her own father. This chilling reality is at the heart of incestuous rape, a crime that shatters families and leaves indelible scars. The case of People v. Felipe de los Santos delves into this dark corner of human experience, forcing us to confront the complex dynamics of familial abuse and the often-silent suffering of victims. This case is not just about a crime; it’s about the courage to break silence and the Philippine legal system’s evolving understanding of rape, particularly within families. At its core, the Supreme Court grappled with a critical question: Can the testimony of a young victim, alone, be enough to convict her father of rape, especially when the defense casts doubt on her credibility and motives?

    LEGAL CONTEXT: RAPE AND INCESTUOUS RAPE IN THE PHILIPPINES

    In the Philippines, rape is defined and penalized under Article 335 of the Revised Penal Code. Crucially, the law recognizes that rape can be committed not only through physical force but also through intimidation. This is particularly relevant in cases of incestuous rape, where the perpetrator often wields significant psychological and emotional power over the victim. As the Supreme Court itself noted in People vs. Melivo, a landmark case on incestuous rape, perpetrators often use their “moral ascendancy and influence…to intimidate and force the latter to submit to repeated acts of rape over a period of time.” This understanding is vital because it acknowledges that victims of incestuous rape may not always exhibit immediate resistance or report the crime promptly due to fear, dependence, and psychological manipulation.

    Article 335 of the Revised Penal Code, as amended at the time of this case, defined rape and prescribed penalties, including the death penalty under certain aggravated circumstances. While the death penalty aspect has been debated and modified over time, the core definition of rape and the recognition of intimidation as a means of commission remain foundational. The legal landscape surrounding rape in the Philippines emphasizes protecting the victim’s dignity and ensuring that justice is served, even when the crime occurs within the confines of a family and is shrouded in silence. The concept of ‘moral ascendancy’ is a key element in Philippine jurisprudence on incestuous rape, distinguishing it from typical rape cases where physical force might be the primary focus.

    CASE BREAKDOWN: THE TESTIMONY OF NANETTE DE LOS SANTOS

    The narrative of this case unfolds through the eyes of Nanette de los Santos, a young girl who bravely accused her father, Felipe de los Santos, of rape. The complaint detailed a harrowing incident on September 12, 1994, where Felipe allegedly took Nanette to a vacant apartment, undressed her, and forcibly had carnal knowledge of her. Nanette, just 13 years old at the time, recounted the events with clarity and consistency, despite facing rigorous cross-examination. Her testimony painted a picture of fear and coercion, detailing how her father’s anger and history of maltreatment compelled her obedience. She explained that she initially resisted removing her underwear, but relented out of fear of her father’s anger and potential abuse, a chilling testament to the power dynamics at play.

    The trial court, after hearing Nanette’s testimony and conducting an ocular inspection of the crime scene, found her account credible. The court noted the consistency of her statements, even under intense questioning. The defense attempted to discredit Nanette, arguing that her actions were improbable for a rape victim – specifically, that she willingly accompanied her father and did not immediately flee or seek help. They also suggested that Nanette fabricated the charges out of anger and influenced by a friend, Evelyn, portrayed by the defense as someone of questionable character. However, the Supreme Court sided with the trial court, emphasizing the unique context of incestuous rape. The Court highlighted that:

    “Silence is not an odd behavior of a rape victim… Delay in reporting rape incidents, in the face of threats of physical violence, cannot be taken against the victim, whose actions are usually overwhelmed by fear rather than by reason.”

    This crucial quote encapsulates the heart of the Supreme Court’s reasoning. The Court recognized that Nanette’s seemingly compliant behavior was not indicative of consent but rather a manifestation of the profound fear and intimidation inherent in incestuous relationships. The procedural journey of the case began in the Regional Trial Court, which convicted Felipe de los Santos and sentenced him to death. This decision was then elevated to the Supreme Court for automatic review due to the death penalty. The Supreme Court, after a thorough review of the records and arguments, ultimately affirmed the trial court’s conviction, reinforcing the weight given to Nanette’s testimony.

    PRACTICAL IMPLICATIONS: PROTECTING VULNERABLE VICTIMS

    The De los Santos case carries significant implications for future cases involving sexual abuse, particularly incestuous rape. It solidifies the principle that in such cases, the victim’s testimony, if credible and consistent, can be the cornerstone of a conviction, even in the absence of corroborating physical evidence or immediate outcry. This ruling underscores the importance of understanding the psychological impact of incestuous abuse and avoiding victim-blaming narratives that question why a victim didn’t resist or report sooner. For legal practitioners, this case reinforces the need to present expert testimony on the dynamics of incestuous rape to educate courts and juries about the complex behaviors of victims.

    For individuals and families, this case serves as a stark reminder of the devastating consequences of sexual abuse and the importance of creating safe spaces for victims to come forward. It sends a clear message that the Philippine legal system recognizes and protects the rights of victims of incestuous rape, even when their stories are painful and difficult to hear. The increased indemnity awarded in this case also reflects a growing societal recognition of the profound harm inflicted on rape victims and a commitment to providing them with some measure of compensation and justice.

    Key Lessons:

    • Victim Testimony is Paramount: In incestuous rape cases, the credible and consistent testimony of the victim is often the most crucial evidence.
    • Understanding Intimidation: Philippine law recognizes intimidation and moral ascendancy as forms of coercion in rape, especially within families.
    • Delayed Reporting is Not Disbelief: Delay in reporting or seemingly compliant behavior from victims should not automatically discredit their testimony due to the unique psychological dynamics of incestuous abuse.
    • Protection of Vulnerable Individuals: The legal system prioritizes the protection of vulnerable individuals, especially children, from sexual abuse within families.
    • Increased Indemnification: Courts are increasingly recognizing the severe trauma of rape and are awarding higher indemnification to victims.

    FREQUENTLY ASKED QUESTIONS (FAQs)

    Q: What is incestuous rape?

    A: Incestuous rape is rape committed by a family member, often a parent, against a child or another relative. It is a particularly heinous crime due to the betrayal of trust and the violation of familial bonds.

    Q: Why do victims of incestuous rape often delay reporting the crime?

    A: Victims often delay reporting due to fear of the perpetrator (especially if they are a parent or authority figure), shame, guilt, dependence on the abuser, and psychological manipulation.

    Q: Is physical force always necessary for rape to be considered rape under Philippine law?

    A: No. Philippine law recognizes that rape can be committed through force, threat, or intimidation. In cases of incestuous rape, intimidation and moral ascendancy are often the primary forms of coercion.

    Q: What kind of evidence is needed to prove incestuous rape?

    A: While physical evidence can be helpful, the credible and consistent testimony of the victim is often the most crucial piece of evidence in incestuous rape cases. Courts recognize the unique challenges in gathering physical evidence in these cases.

    Q: What should I do if I or someone I know is a victim of incestuous rape?

    A: Seek help immediately. Contact the police, a trusted friend or family member, or a support organization for victims of sexual abuse. Document everything you can remember about the abuse. It is crucial to break the silence and seek justice and healing.

    Q: What are the penalties for rape in the Philippines?

    A: Penalties for rape in the Philippines vary depending on the circumstances, including the age of the victim and the presence of aggravating factors. At the time of this case, the death penalty was a possible punishment in aggravated rape cases, though current laws have evolved.

    Q: How does Philippine law protect victims of rape?

    A: Philippine law provides various protections for rape victims, including legal remedies, support services, and recognition of the psychological trauma associated with rape. Laws are continuously evolving to further strengthen victim protection and ensure justice.

    ASG Law specializes in Family Law and Criminal Defense, particularly cases involving sensitive issues like sexual abuse. Contact us or email hello@asglawpartners.com to schedule a consultation if you need legal assistance or guidance on similar matters.

  • Victim Testimony in Rape Cases: Why Philippine Courts Believe Daughters Over Fathers in Incest Cases

    Why Philippine Courts Prioritize Victim Testimony in Incestuous Rape Cases

    TLDR; In incestuous rape cases in the Philippines, the Supreme Court emphasizes the credibility of the victim’s testimony, especially when the perpetrator is a parent. This case highlights that a daughter’s detailed and consistent account, even with minor inconsistencies, can be sufficient to convict her father, especially given the father’s moral ascendancy, which substitutes for physical violence or intimidation. False accusations in such sensitive cases are deemed improbable, making the victim’s narrative paramount in the pursuit of justice.

    G.R. No. 122097, June 22, 1998: People of the Philippines vs. Fermin Igat

    INTRODUCTION

    Imagine a scenario where the sanctity of family is shattered by the most heinous betrayal – a father raping his own daughter. This isn’t just a plot from a dark drama; it’s a grim reality that Philippine courts confront. Cases of incestuous rape are particularly challenging, often hinging on the delicate balance of proving guilt beyond reasonable doubt when the crime occurs within the privacy of a home. The 1998 Supreme Court case of People of the Philippines vs. Fermin Igat grapples with this very issue, centering on the testimony of a 14-year-old girl, Gresilda Igat, against her father, Fermin Igat, accused of rape. The central legal question: Can a daughter’s testimony alone, amidst denials and minor inconsistencies, secure a conviction against her father in such a deeply sensitive case?

    LEGAL CONTEXT: THE Weight of Victim Testimony in Rape Cases

    Philippine law, under the Revised Penal Code, defines rape as the carnal knowledge of a woman under circumstances explicitly defined by law, including when force or intimidation is used, or when the woman is deprived of reason or otherwise unconscious. In cases of incestuous rape, the inherent power imbalance and emotional dynamics within a family context add layers of complexity.

    Critically, Philippine jurisprudence acknowledges the unique challenges in prosecuting rape cases. As the Supreme Court itself noted, “An accusation for rape can be made with facility; it is difficult to prove but more difficult for the accused though innocent to disprove.” This acknowledgment underscores the need for meticulous scrutiny of evidence, particularly the complainant’s testimony. However, this scrutiny doesn’t equate to automatic disbelief. Instead, it calls for a balanced assessment, recognizing the victim’s perspective within the traumatic context of sexual assault.

    The presumption of innocence is a cornerstone of Philippine criminal justice. However, in rape cases, especially incestuous ones, the Supreme Court has consistently leaned towards giving significant weight to the victim’s testimony, especially when it is found to be credible and consistent. This is not to overturn the presumption of innocence but to recognize the evidentiary challenges inherent in crimes often committed in secrecy, where the victim’s account may be the most direct evidence available.

    A key legal principle highlighted in People v. Igat, and reiterated from previous cases like People v. Agbayani, is that “in a rape committed by a father against his own daughter…the former’s moral ascendancy or influence over the latter substitutes for violence or intimidation.” This is a crucial point. The law recognizes that a father’s authority can be inherently intimidating, making overt physical threats or violence less necessary to ensure compliance. This legal understanding contextualizes the victim’s potential lack of physical resistance, not as consent, but as submission under duress of parental authority.

    CASE BREAKDOWN: Gresilda’s Ordeal and the Court’s Verdict

    The narrative of People v. Igat unfolds with chilling clarity. On the evening of December 10, 1990, after a family quarrel, Gresilda, then 14, retired to her room to sleep. She was awakened by her father, Fermin Igat, sexually assaulting her. Despite the darkness and fear, she recognized her father’s voice when she asked who it was. He threatened her life, covered her mouth, and proceeded to rape her. Gresilda recounted the excruciating pain and the torn panties she discovered the next morning, which her father then washed – a detail that would later become a point of contention in the defense’s arguments.

    Fearful and ashamed, Gresilda initially remained silent. It was only months later, while traveling to Manila with her sister Teresa, that she finally confided in her sister about the repeated rapes by their father. This delayed reporting is a common, and legally recognized, aspect of trauma in sexual assault cases, especially within families, and does not automatically discredit a victim’s testimony.

    Upon reaching Manila, Gresilda, with her sisters’ support, decided to pursue legal action. She underwent a physical examination, and a medico-legal report documented a hymenal tear, corroborating her claim of sexual assault. A criminal complaint was filed, leading to a trial court conviction where Fermin Igat was found guilty of rape and sentenced to reclusion perpetua.

    Fermin Igat appealed, arguing that the prosecution failed to prove his guilt beyond reasonable doubt and pointing to minor inconsistencies in Gresilda’s testimony, such as whether he held a bolo (a large Filipino knife) during the assault. The defense also attempted to discredit Gresilda by suggesting the hymenal tear could have been recent and implying her sister Teresa was not a credible witness.

    However, the Supreme Court upheld the trial court’s decision. The Court meticulously examined the evidence and Gresilda’s testimony, emphasizing its consistency and candor. The Court noted, “The Court believes in the story of Gresilda. As observed by the trial court, she was in tears when she related how she was raped and positively identified her father as the perpetrator of the dastardly act.”

    Crucially, the Supreme Court addressed the defense’s attempts to highlight minor inconsistencies. The Court reasoned:

    Error-free testimonies cannot be expected most especially when a witness is recounting details of a harrowing experience, one which even an adult would like to bury in oblivion. The court cannot expect a rape victim to remember all the ugly details of the appalling outrage, particularly so since she might in fact be wishing to forget them.

    Furthermore, the Court dismissed the defense’s attempts to discredit Gresilda based on the timing of the hymenal tear, clarifying that the medical testimony was consistent with the timeline of the assault. The Court also noted Fermin Igat’s flight after learning about the charges as an indication of guilt.

    PRACTICAL IMPLICATIONS: Believing Victims and Seeking Justice

    People v. Igat reinforces a critical principle in Philippine jurisprudence: in incestuous rape cases, the victim’s testimony is of paramount importance and should be given significant weight, especially when it is consistent and credible. This case serves as a legal precedent, influencing how Philippine courts approach similar cases in the future. It underscores that minor inconsistencies, often arising from trauma and the emotional distress of recounting such experiences, do not automatically invalidate a victim’s account.

    For victims of sexual abuse, particularly incestuous rape, this ruling offers a beacon of hope. It assures them that the Philippine legal system recognizes the unique dynamics of such cases and is prepared to give credence to their narratives. It encourages victims to come forward, knowing that their voices can be heard and believed, even when facing denials from perpetrators, especially those in positions of familial authority.

    For legal professionals, this case serves as a reminder of the nuances of rape cases involving familial abuse. It emphasizes the importance of presenting a victim’s testimony in a way that highlights its consistency and credibility, while contextualizing any minor inconsistencies within the framework of trauma and emotional distress.

    Key Lessons from People v. Igat:

    • Victim Testimony is Key: In incestuous rape cases, the victim’s detailed and consistent testimony is crucial and can be sufficient for conviction.
    • Moral Ascendancy as Intimidation: A parent’s authority can be considered a form of intimidation, negating the need for overt physical threats.
    • Minor Inconsistencies are Understandable: Courts recognize that trauma can affect memory, and minor inconsistencies in testimony do not automatically discredit a victim.
    • Delayed Reporting is Not Disbelief: Fear and shame often cause delays in reporting sexual abuse, and this delay is not grounds for disbelief.
    • Flight Indicates Guilt: A defendant’s flight after being accused can be interpreted as evidence of guilt.

    FREQUENTLY ASKED QUESTIONS (FAQs)

    Q: What kind of evidence is needed to prove rape in the Philippines?

    A: While medical evidence can be helpful, the victim’s testimony, if credible and consistent, is often the primary evidence in rape cases. Corroborating evidence, such as witness testimonies or circumstantial evidence, can further strengthen the prosecution’s case.

    Q: What should a victim of incestuous rape do?

    A: The first step is to seek safety and support. Confiding in a trusted friend, family member, or support organization is crucial. Victims should also seek medical attention and consider reporting the crime to the police. Seeking legal advice is essential to understand their rights and options.

    Q: Will minor inconsistencies in my testimony hurt my case?

    A: As highlighted in People v. Igat, minor inconsistencies, especially when recounting traumatic events, are understandable and do not automatically discredit your testimony. The overall consistency and credibility of your account are more important.

    Q: What is ‘reclusion perpetua,’ the sentence given in this case?

    A: Reclusion perpetua is a severe penalty in the Philippines, meaning life imprisonment. While it literally translates to “perpetual imprisonment,” under older interpretations of the Revised Penal Code, it could be commuted after 30 years under certain conditions. However, current interpretations, especially after legislative amendments, often treat it as a true life sentence.

    Q: Why is it important to get a lawyer in a rape case?

    A: A lawyer specializing in criminal law, particularly in cases of sexual assault, can provide crucial legal guidance, protect your rights, and effectively present your case in court. They can help navigate the legal process, gather evidence, and ensure your voice is heard.

    ASG Law specializes in Criminal Law and Family Law. Contact us or email hello@asglawpartners.com to schedule a consultation.

  • Strict Construction in Penal Law: Why Relationship Definitions Matter in Philippine Rape Cases

    The Letter of the Law: Why ‘Step-Grandparent’ Status Saved a Rapist from the Death Penalty

    When interpreting laws, especially those carrying severe penalties like the death penalty, courts adhere strictly to the exact wording. This case highlights how even seemingly minor differences in legal definitions can drastically alter the outcome, emphasizing that penal laws are construed narrowly in favor of the accused. A step-grandparent, while part of the family, does not fall under the specific categories that trigger the death penalty in certain rape cases under Philippine law. This ruling underscores the importance of precise legal language and the principle of strict construction when lives are at stake.

    G.R. Nos. 118937-38, April 24, 1998: People of the Philippines vs. Jose Deleverio

    Introduction: A Child’s Testimony and the Shadow of the Death Penalty

    Imagine an eight-year-old child, Roxan, living with her step-grandfather, Jose Deleverio, a figure of respect in her young life. Then imagine the unspeakable: accusations of rape against this trusted elder. This grim scenario unfolded in Basilan, Philippines, thrusting the family into a legal battle with the gravest of consequences – the death penalty. Jose Deleverio was accused of raping his step-granddaughter twice. The Regional Trial Court (RTC) found him guilty and sentenced him to death. But was this sentence justified under the strict letter of the law? This case delves into the nuances of Philippine rape law, the weight of a child’s testimony, and the critical principle of strict construction in penal statutes.

    The Razor’s Edge of Legal Definitions: Understanding Aggravating Circumstances in Rape Cases

    Philippine law, specifically Article 335 of the Revised Penal Code as amended by Republic Act No. 7659, defines rape and its corresponding penalties. Crucially, it outlines specific ‘attendant circumstances’ that can elevate the penalty to death. One such circumstance is when:

    “1. When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim.”

    This provision aims to protect children from sexual abuse by those in positions of familial authority. However, the law’s precise wording becomes paramount. The legal terms used – ‘ascendant,’ ‘step-parent,’ ‘relative by consanguinity or affinity’ – have specific legal meanings. An ‘ascendant’ generally refers to parents, grandparents, great-grandparents, and so forth, in the direct line of ancestry. ‘Consanguinity’ refers to blood relations, while ‘affinity’ refers to relations by marriage.

    The principle of ‘strict construction’ in penal law dictates that criminal statutes must be interpreted narrowly and literally, resolving any ambiguity in favor of the accused. This principle is rooted in the fundamental right to due process and the presumption of innocence. As the Supreme Court itself articulated in this case:

    “Court’s must not bring cases within the provision of a law which are not clearly embraced by it. No act can be pronounced criminal which is not clearly made so by statute; so, too, no person who is not clearly within the terms of a statute can be brought within them. Any reasonable doubt must be resolved in favor of the accused.”

    This principle becomes the central point of contention in Deleverio’s appeal.

    Case Narrative: From Basilan to the Supreme Court

    The story begins with Roxan Benarao, an eight-year-old girl, accusing her step-grandfather, Jose Deleverio, of two counts of rape. The alleged incidents occurred in April and May 1994 at their home in Maloong Legion, Basilan, where Roxan lived with Deleverio and her grandmother, Maria Sarah. Roxan testified that Deleverio threatened her with a knife and then raped her on both occasions.

    Following Roxan’s complaint, two criminal cases were filed against Deleverio. He pleaded not guilty, and the cases were consolidated for trial at the RTC of Basilan. The prosecution presented Roxan’s testimony, which the trial court deemed credible, and a medical certificate confirming hymenal lacerations consistent with recent sexual abuse. The defense consisted of Deleverio’s denial and his wife Maria Sarah’s testimony attempting to discredit Roxan’s timeline and motives.

    After trial, Judge Salvador Memoracion of the RTC found Deleverio guilty of two counts of rape and, crucially, imposed the death penalty for each count. The RTC reasoned that the rape was committed against a step-granddaughter, falling under the aggravating circumstance that warranted the death penalty under Article 335 of the Revised Penal Code.

    Deleverio appealed to the Supreme Court, arguing that the trial court erred in finding him guilty beyond reasonable doubt and, implicitly, in imposing the death penalty. The Supreme Court, in its automatic review of the death sentence, focused on two key issues: the credibility of Roxan’s testimony and the propriety of the death penalty.

    Regarding Roxan’s credibility, the Supreme Court affirmed the trial court’s assessment, noting her testimony was “forthright and straightforward” for a child of her age. The Court emphasized:

    “As usual, in a prosecution for rape, the credibility of the victim is almost always the single and most important issue to hurdle. If her testimony meets the test of credibility, the accused can justifiably be convicted on the basis thereof.”

    However, on the death penalty, the Supreme Court diverged from the RTC. It meticulously examined the wording of Article 335 and applied the principle of strict construction. The Court reasoned that while Deleverio was Roxan’s step-grandfather, this relationship did not fall within the enumerated categories in the law that trigger the death penalty. A step-grandparent is not a ‘parent,’ ‘ascendant,’ ‘step-parent,’ ‘guardian,’ or ‘relative by consanguinity or affinity within the third civil degree’ in relation to the step-grandchild.

    Therefore, while upholding Deleverio’s conviction for rape, the Supreme Court modified the penalty, reducing the death sentences to reclusion perpetua (life imprisonment). The Court also adjusted the moral damages awarded, replacing them with a fixed indemnity of P50,000 for each count of rape, consistent with prevailing jurisprudence.

    Practical Implications: Precision in Law and Protection for the Accused

    People v. Deleverio serves as a potent reminder of the critical role of precise legal language and the principle of strict construction, especially in criminal law. It demonstrates that even in heinous crimes, the penalty must be justified by the clear and unambiguous wording of the law. Courts cannot expand or interpret penal statutes loosely, even with the noblest intentions, to impose harsher penalties than explicitly provided.

    For legal practitioners, this case reinforces the need for meticulous statutory analysis, particularly when dealing with laws that carry severe penalties. It highlights that arguments based on implied inclusion or broad interpretations are unlikely to succeed in criminal cases where strict construction prevails. The prosecution must prove that the accused’s actions and circumstances fall squarely within the letter of the law.

    For the general public, this case underscores the importance of understanding legal definitions. While the emotional response to crimes like rape, especially against children, is understandably strong, the legal system must operate within the bounds of established laws and principles. This case, while seemingly technical, ultimately protects individual rights by ensuring that penalties are imposed based on clear legal mandates, not on expansive interpretations.

    Key Lessons from People v. Deleverio:

    • Strict Construction of Penal Laws: Penal statutes are interpreted narrowly, resolving ambiguities in favor of the accused.
    • Importance of Legal Definitions: Legal terms have precise meanings, and courts adhere to these meanings strictly, especially in criminal law.
    • Burden of Proof: The prosecution must prove all elements of the crime, including any aggravating circumstances, beyond reasonable doubt, and within the clear wording of the statute.
    • Victim Credibility in Rape Cases: The testimony of the victim, especially in rape cases, is given significant weight if deemed credible by the court.
    • Protection Against Overreach: Strict construction serves as a safeguard against judicial overreach and ensures that penalties are based on clear legal authority.

    Frequently Asked Questions (FAQs)

    1. What is ‘strict construction’ in law?

    Strict construction is a legal principle used when interpreting statutes, particularly penal laws. It means that the law should be interpreted literally and narrowly. If there’s any ambiguity in the wording, it should be resolved in favor of the individual, especially in criminal cases.

    2. Why is strict construction important in criminal law?

    It is crucial because criminal laws define crimes and prescribe punishments. Strict construction protects individuals from being punished for acts not clearly defined as crimes or for penalties not explicitly stated in the law. It upholds due process and the presumption of innocence.

    3. What is the penalty for rape in the Philippines?

    Under Article 335 of the Revised Penal Code, as amended, the base penalty for rape is reclusion perpetua (life imprisonment). However, certain aggravating circumstances, such as the use of a deadly weapon or the victim being under 18 and related to the offender in specific ways, can increase the penalty to death.

    4. Is a step-grandparent considered an ‘ascendant’ under Philippine law for purposes of rape penalties?

    No. As clarified in People v. Deleverio, a step-grandparent does not fall under the legal definition of ‘ascendant’ or any of the other enumerated relationships (parent, step-parent, guardian, relative by consanguinity or affinity within the third civil degree) that trigger the death penalty in rape cases involving victims under 18.

    5. What weight is given to a child’s testimony in rape cases?

    Philippine courts recognize that children, even at a young age, can be competent witnesses. Their testimony is assessed for credibility, considering their age and understanding. If found credible, a child’s testimony can be sufficient to convict in rape cases, even without corroborating evidence.

    6. What are moral damages and indemnity in rape cases?

    Moral damages are awarded to compensate the victim for mental anguish, suffering, and humiliation. Indemnity is a fixed amount also awarded to the victim as a form of compensation. In People v. Deleverio, the Supreme Court replaced the trial court’s award of moral damages with a fixed indemnity of P50,000 per count of rape, following established jurisprudence.

    7. How does this case affect future rape cases in the Philippines?

    This case reinforces the principle of strict construction and clarifies the specific relationships that trigger the death penalty in rape cases involving victims under 18. It serves as a precedent for interpreting similar provisions in penal laws and emphasizes the need for precise legal language.

    ASG Law specializes in Criminal Litigation and Family Law. Contact us or email hello@asglawpartners.com to schedule a consultation.

  • Incestuous Rape: Overcoming the Defense of Denial and Delay in Reporting

    The Credibility of a Rape Victim’s Testimony: Why Delay Doesn’t Always Mean Deceit

    This case underscores the crucial role of a victim’s testimony in rape cases, particularly when the perpetrator is a family member. It clarifies that delays in reporting such crimes, while often viewed with suspicion, do not automatically discredit the victim, especially when fear and familial pressures are involved.

    G.R. No. 119963, November 06, 1997

    Introduction

    Imagine the nightmare of a child betrayed by the very person who should be their protector. Cases of incestuous rape are particularly heinous, and the legal system must navigate the complexities of evidence, trauma, and familial relationships. This Supreme Court case, People of the Philippines vs. Russel Fuensalida, delves into the weight given to a victim’s testimony, even when there’s a delay in reporting the crime, and how defenses like denial and alibi crumble against credible and consistent accounts.

    In this case, Russel Fuensalida was convicted of raping his daughter, Maria Corazon. The central legal question revolved around whether Maria Corazon’s testimony was credible enough to secure a conviction, considering the delay in reporting the incident and the father’s defense of denial and alibi.

    Legal Context: Rape, Testimony, and the Impact of Delay

    In Philippine law, rape is defined under the Revised Penal Code, as amended. The crime is committed when a man has carnal knowledge of a woman under specific circumstances, including through force, threat, or intimidation. When the victim is a minor, the penalties are often more severe. The law recognizes that rape is a deeply traumatic experience, and the legal system considers the victim’s testimony as crucial evidence.

    However, the courts also acknowledge the complexities surrounding rape cases, including the common defense tactic of attacking the victim’s credibility. Delay in reporting a crime is often used as a tool to cast doubt on the veracity of the accusations. But Philippine jurisprudence recognizes that there are valid reasons for such delays, especially in cases of incestuous rape where the victim may fear reprisal, social stigma, or the disruption of familial ties.

    Article 266-A of the Revised Penal Code defines rape and specifies the penalties. Relevant to this case is the consideration of aggravating circumstances, such as the relationship between the offender and the victim, which can influence the severity of the sentence.

    In considering the evidence, the Court is guided by principles established in previous cases, such as the weight to be given to the victim’s testimony and the circumstances under which delays in reporting can be excused. The consistent and credible testimony of the victim is often sufficient to secure a conviction, especially when corroborated by other evidence, such as medical reports.

    Case Breakdown: A Daughter’s Ordeal, a Father’s Denial

    The story of Maria Corazon is a harrowing one. On January 27, 1993, while sleeping in her room, she was awakened by her father, Russel Fuensalida, who was armed with a knife and a blanket. According to her testimony, he forced himself upon her, tearing her clothes and sexually assaulting her. Fearful for her life, she initially kept the incident a secret.

    Here’s a breakdown of the case’s procedural journey:

    • An information was filed against Russel Fuensalida on April 28, 1993.
    • Fuensalida pleaded not guilty during his arraignment.
    • The trial proceeded, with Maria Corazon and her mother testifying against the accused.
    • Dr. Vladimir B. Villaseñor testified to finding healed lacerations indicating prior sexual intercourse.
    • Fuensalida denied the accusations, claiming alibi and alleging his daughter was a liar.
    • The Regional Trial Court convicted Fuensalida.
    • Fuensalida appealed the decision, leading to this Supreme Court review.

    The Supreme Court highlighted the victim’s compelling testimony, stating:

    “The victim’s straightforward, firm and positive narration of her horrible ordeal, explained in between sobs, convinces us that the acts complained of did actually take place.”

    The Court also addressed the defense’s argument regarding the delay in reporting the crime, explaining:

    “As explained by Maria Corazon, it took several days before she could finally gather the courage to tell her story in public since their family honor and reputation was at stake.”

    The Court also emphasized the importance of the trial court’s factual findings:

    “Moreover, it is well woven into the fabric of our jurisprudence that the factual findings of the trial court are accorded the highest respect, unless it is shown that certain facts of value have been plainly overlooked which if considered could affect the judgment to be rendered.”

    Practical Implications: Protecting Victims and Holding Perpetrators Accountable

    This case serves as a powerful reminder that a victim’s testimony, when credible and consistent, can be the cornerstone of a successful prosecution, even in the face of defenses like denial and alibi. It reinforces the principle that delays in reporting sexual offenses should not automatically invalidate a victim’s account, especially when those delays are explained by fear, trauma, or familial pressure.

    For individuals who have experienced similar situations, this case offers a message of hope and validation. It demonstrates that the legal system can be sensitive to the unique challenges faced by victims of incestuous rape and that justice can be achieved even after a period of silence.

    Key Lessons

    • Victims of sexual assault should be encouraged to come forward, even if there has been a delay.
    • The courts will consider the reasons behind any delays in reporting.
    • A consistent and credible testimony can be sufficient for a conviction.
    • Defenses like denial and alibi are unlikely to succeed against strong evidence.

    Frequently Asked Questions

    Q: What should I do if I’ve been sexually assaulted by a family member?

    A: Seek immediate safety and support. Contact a trusted friend, family member, or counselor. Report the incident to the police as soon as you feel ready. Document everything you remember about the assault.

    Q: Will the court believe me if I delayed reporting the assault?

    A: The court will consider the reasons for the delay. Fear, trauma, and familial pressures are all valid explanations.

    Q: What kind of evidence do I need to prove the assault?

    A: Your testimony is the most important piece of evidence. Medical reports, witness statements, and any other supporting documentation can also be helpful.

    Q: What is the penalty for incestuous rape in the Philippines?

    A: The penalty depends on the specific circumstances of the case, but it can range from reclusion perpetua (life imprisonment) to the death penalty.

    Q: What is alibi?

    A: Alibi is a defense that attempts to prove that the accused was elsewhere when the crime was committed and therefore could not have been the perpetrator.

    Q: What does ‘beyond reasonable doubt’ mean?

    A: ‘Beyond reasonable doubt’ is the standard of proof required to convict a criminal defendant. It means that the evidence is so strong that there is no logical explanation other than that the defendant committed the crime.

    ASG Law specializes in criminal law and family law. Contact us or email hello@asglawpartners.com to schedule a consultation.

  • Incestuous Rape in the Philippines: Understanding the Legal Implications and Victim’s Rights

    Incestuous Rape: Overcoming Evidentiary Challenges and Protecting Victims

    G.R. No. 114387, March 14, 1997

    Incestuous rape is a heinous crime that violates the most fundamental norms of decency and morality. While the act itself is deeply disturbing, proving it in court can be challenging. This case, People of the Philippines vs. Alejandro Devilleres, highlights the complexities of prosecuting such cases and emphasizes the importance of the victim’s testimony, even in the face of minor inconsistencies.

    Introduction

    Imagine a scenario where a young woman is subjected to the unthinkable: sexual abuse by her own father. The trauma is immense, and the road to justice is fraught with obstacles. This is the reality for many victims of incestuous rape in the Philippines. The Devilleres case illustrates the legal battles these victims face and the crucial role of the courts in ensuring justice is served.

    In this case, Alejandro Devilleres was accused of raping his 15-year-old daughter. The trial court convicted him based on the daughter’s testimony and corroborating evidence. Devilleres appealed, claiming insufficient evidence and questioning the credibility of his daughter’s account. The Supreme Court ultimately upheld the conviction, reinforcing the principle that a victim’s testimony, when credible, can be sufficient to prove the crime of rape, even without a broken hymen or other physical evidence.

    Legal Context: Rape and Incest in Philippine Law

    Rape is defined under Article 266-A of the Revised Penal Code as amended by Republic Act No. 8353 (Anti-Rape Law of 1997). It is committed by a man who shall have carnal knowledge of a woman under any of the following circumstances:

    • Through force, threat, or intimidation;
    • When the woman is deprived of reason or otherwise unconscious;
    • When the woman is below twelve (12) years of age or is demented.

    Incestuous rape, where the perpetrator is a close relative of the victim, carries an even greater stigma and emotional weight. The law recognizes the inherent power imbalance in such relationships, making it easier to prove coercion and lack of consent.

    The Supreme Court has consistently held that the slightest penetration is sufficient to constitute rape. Furthermore, physical injuries are not always necessary to prove the crime. The victim’s testimony, if deemed credible and convincing, can be enough to secure a conviction. As was stated in the ruling: If mere entry by the penis of the labia (lips) of the female organ without rapture of the hymen is sufficient to warrant conviction for consummated rape… if the slightest penetration is sufficient to consummate rape, then with more reason is there consummated rape where… her father inserted his penis into my vagina.

    Case Breakdown: People vs. Devilleres

    The story of AAA, the victim, is one of betrayal and resilience. On April 18, 1991, while her mother was away fetching water, AAA testified that her father, Alejandro Devilleres, threatened her with a gaff (a sharp hook) and proceeded to rape her. She was only 15 years old at the time.

    After the incident, AAA confided in her mother and grandmother, who advised her to leave home. She eventually found work as a househelper and, with the assistance of her employer, filed a complaint against her father.

    The case followed this procedural path:

    • Regional Trial Court (RTC): Devilleres was charged with rape and pleaded not guilty. After trial, the RTC found him guilty beyond reasonable doubt and sentenced him to reclusion perpetua (life imprisonment).
    • Supreme Court: Devilleres appealed, arguing that the prosecution’s evidence was insufficient and that AAA’s testimony was inconsistent and improbable.

    The Supreme Court, however, affirmed the RTC’s decision, stating that the evidence presented by the prosecution establishes with moral certainty that accused-appellant raped his 15-year old daughter, AAA, on April 18, 1991. The Court emphasized that minor inconsistencies in AAA’s testimony were understandable, given the trauma she had experienced.

    The Supreme Court further elaborated, Moral intimidation may result from the exploitation of moral ascendancy and influence by the accused, such as in herein case where the culprit is the very own father of the young victim.

    Practical Implications: Protecting Victims and Ensuring Justice

    The Devilleres case sets a precedent for future cases involving incestuous rape. It underscores the importance of the victim’s testimony and the willingness of the courts to consider the psychological impact of such abuse. This case also highlights the legal principle that a broken hymen is not required for a conviction of rape and that the smallest penetration is sufficient.

    Key Lessons:

    • Credibility of the Victim: Courts will give significant weight to the victim’s testimony, especially in cases involving incestuous rape.
    • Psychological Impact: The trauma experienced by victims can explain inconsistencies in their statements.
    • Force and Intimidation: The inherent power imbalance in a father-daughter relationship can constitute force and intimidation.

    Frequently Asked Questions

    Q: Is a medical examination always necessary to prove rape?

    A: No, a medical examination is not always necessary. The victim’s testimony, if credible, can be sufficient.

    Q: What if the victim’s testimony has some inconsistencies?

    A: Minor inconsistencies are understandable, especially given the trauma experienced by the victim. Courts will look at the overall credibility of the testimony.

    Q: Can a father be convicted of rape even if he didn’t use physical force?

    A: Yes, the inherent power imbalance in a father-daughter relationship can constitute force and intimidation.

    Q: What is the penalty for rape in the Philippines?

    A: The penalty for rape varies depending on the circumstances, but it can range from reclusion temporal (12 years and 1 day to 20 years) to reclusion perpetua (life imprisonment).

    Q: What should I do if I or someone I know has been a victim of incestuous rape?

    A: Seek legal assistance immediately. A lawyer can help you understand your rights and navigate the legal process.

    ASG Law specializes in criminal law and gender-based violence cases. Contact us or email hello@asglawpartners.com to schedule a consultation.

  • Attempted Rape: Understanding the Elements and Legal Consequences in the Philippines

    Understanding Attempted Rape: Elements, Intent, and Legal Repercussions

    G.R. No. 116728, July 17, 1996

    Imagine a scenario where someone breaks into a house with the clear intention of stealing, but is caught before they can take anything. They are not guilty of theft, but they are guilty of attempted theft. This same principle applies to more serious crimes like rape. The case of People of the Philippines vs. Rodelio Cruz y San Jose sheds light on the complexities of attempted rape in the Philippines, emphasizing the crucial role of intent and the stage of the crime when interrupted.

    This case involved Rodelio Cruz, who was initially convicted of consummated rape of his twelve-year-old niece. However, the Supreme Court re-evaluated the evidence and determined that the act of rape was not completed due to the intervention of the victim’s brother. This led to a conviction for attempted rape, highlighting the legal distinctions between the two offenses.

    Defining Rape and Attempted Rape Under Philippine Law

    To fully understand the Supreme Court’s decision, it’s essential to define the relevant laws. Article 335 of the Revised Penal Code, as amended, defines rape as “carnal knowledge of a woman under any of the following circumstances: (1) By using force or intimidation; (2) When the woman is deprived of reason or otherwise unconscious; and (3) When the woman is under twelve years of age or is demented.”

    The key element here is “carnal knowledge,” meaning the actual penetration of the female genitalia by the male sexual organ. Without this, the crime of rape is not consummated. However, the law also recognizes that an attempt to commit a crime is punishable. Article 6 of the Revised Penal Code defines an attempt as when “the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance.”

    For example, if a man forcibly undresses a woman with the clear intention of raping her, but is stopped before penetration occurs, he is guilty of attempted rape. The “overt acts” demonstrate his intent, and the interruption prevents the completion of the crime. It’s important to note that intent is crucial. If the man’s actions are ambiguous, it might be difficult to prove attempted rape beyond a reasonable doubt.

    The Story of the Case: People vs. Rodelio Cruz

    The case began with Mary Jane Alonzo, a twelve-year-old girl, filing a complaint against her uncle, Rodelio Cruz, for rape. She alleged that on April 25, 1991, he sexually assaulted her in their bathroom. At trial, Mary Jane initially testified that her uncle had inserted his penis into her vagina. However, she later clarified that this referred to previous incidents, not the one on April 25, 1991. She admitted that on that specific date, her brother had interrupted the assault before it could be completed.

    The timeline of the case unfolded as follows:

    • October 30, 1991: Mary Jane Alonzo files a complaint against Rodelio Cruz for rape.
    • Trial: Mary Jane gives inconsistent testimonies regarding the consummation of the rape on April 25, 1991.
    • Lower Court Decision: The Regional Trial Court convicts Rodelio Cruz of consummated rape.
    • Appeal to Supreme Court: Cruz appeals the decision, arguing that the evidence does not support a conviction for consummated rape.

    The Supreme Court, in its decision, focused on the inconsistencies in Mary Jane’s testimony. The Court highlighted specific instances where Mary Jane admitted that the rape was not consummated on April 25, 1991. As the Court stated, “Accused-appellant cannot be convicted for consummated rape on the basis of such evidence as the complaint specifically refers to the offense committed on April 25, 1991. Due process demands that the accused in a criminal case should be informed of the nature of the offense with which he is charged before he is put on trial. To convict him for an offense not alleged in the complaint or information will violate such right.”

    Ultimately, the Supreme Court found Cruz guilty of attempted rape, modifying the lower court’s decision. The Court emphasized that Cruz’s actions clearly demonstrated his intent to commit rape, but the act was interrupted before completion.

    Practical Implications and Lessons Learned

    This case underscores the importance of precise and consistent testimony in rape cases. It also clarifies the distinction between consummated and attempted rape. For legal practitioners, it emphasizes the need to carefully examine the evidence to determine the extent of the crime committed.

    For individuals, this case serves as a reminder that even an attempted crime carries significant legal consequences. It also highlights the importance of reporting such incidents to the authorities, as attempted rape is a serious offense that should not be taken lightly.

    Key Lessons:

    • Intent Matters: Attempted rape requires proof of intent to commit the act of rape.
    • Overt Acts: The offender must have taken concrete steps towards committing the crime.
    • Interruption: The crime must not have been completed due to circumstances beyond the offender’s control.

    Imagine a situation where a man forces a woman into a room and begins to undress her, but she manages to escape before he can touch her. This would likely be considered attempted rape, as his actions clearly demonstrate his intent, and the woman’s escape prevented the completion of the act.

    Frequently Asked Questions

    What is the difference between rape and attempted rape?

    Rape requires the actual penetration of the female genitalia by the male sexual organ. Attempted rape involves actions demonstrating intent to commit rape, but the act is not completed.

    What are the penalties for attempted rape in the Philippines?

    The penalty for attempted rape is lower than that for consummated rape. In this case, Rodelio Cruz was sentenced to an indeterminate penalty ranging from six (6) years of prision correccional as minimum to ten (10) years of prision mayor as maximum.

    What evidence is needed to prove attempted rape?

    Evidence of intent, such as overt acts leading towards the commission of rape, is crucial. This can include witness testimony, physical evidence, and the circumstances surrounding the incident.

    Can a person be convicted of attempted rape if the victim is not physically injured?

    Yes. The absence of physical injury does not negate the crime of attempted rape. The focus is on the offender’s intent and actions.

    What should I do if I am a victim of attempted rape?

    Seek immediate safety and report the incident to the police. Preserve any evidence and seek medical attention. It’s also important to seek legal counsel to understand your rights and options.

    ASG Law specializes in criminal law and offenses against persons. Contact us or email hello@asglawpartners.com to schedule a consultation.

  • Incestuous Rape: Overcoming Fear and Delay in Reporting Sexual Abuse

    The Power of Fear and the Victim’s Right to Justice in Incestuous Rape Cases

    G.R. No. 113029, February 08, 1996

    Imagine a young woman, trapped not only by physical abuse but also by the fear of her abuser – someone who should be her protector. This is the reality for many victims of incestuous rape. The case of People v. Melivo sheds light on the complexities of these cases, particularly the victim’s delay in reporting the crime due to fear and intimidation. It underscores the court’s understanding of the psychological impact on victims and reinforces that delayed reporting does not equate to fabrication.

    In this case, Apolonio Melivo was convicted of raping his daughter. The key legal question revolved around whether the daughter’s delay in reporting the repeated incidents of rape weakened her credibility. The Supreme Court ultimately ruled that the delay was understandable, given the father’s threats and the inherent power imbalance in their relationship.

    Understanding the Legal Landscape of Rape and Delay

    Rape, as defined under Article 335 of the Revised Penal Code (prior to its amendment), is committed when a man has carnal knowledge of a woman through force, threat, or intimidation. A critical element in rape cases is consent – or rather, the lack thereof. The prosecution must prove beyond reasonable doubt that the victim did not consent to the sexual act.

    In evaluating rape cases, the courts consider several factors, including:

    • The credibility of the victim’s testimony
    • The presence of physical injuries
    • The victim’s promptness in reporting the incident

    However, the element of ‘promptness’ is viewed with nuance, especially in cases involving incestuous rape. As the Supreme Court has consistently held, “delay in reporting rape incidents, in the face of threats of physical violence, cannot be taken against the victim.” This understanding stems from the recognition that fear, shame, and the unique dynamics of familial abuse can significantly impact a victim’s ability to come forward.

    Consider this example: A young girl is sexually abused by her stepfather for years. He threatens to harm her mother if she tells anyone. The girl remains silent, paralyzed by fear, until she finally confides in a trusted teacher years later. In such a scenario, the delay in reporting would not automatically discredit her testimony.

    The Story of Maritess and Apolonio Melivo: A Case of Betrayal

    The facts of People v. Melivo paint a grim picture of familial betrayal. Apolonio Melivo, after fetching his daughter Maritess from work, sexually assaulted her. This was followed by repeated acts of abuse over several months. Maritess, initially silenced by fear and threats, eventually found the courage to report her father’s crimes.

    The case unfolded as follows:

    • June 2, 1992: Apolonio Melivo rapes his daughter, Maritess, after taking her home from work.
    • Subsequent Months: Apolonio continues to sexually abuse Maritess on four separate occasions.
    • August 11, 1992: Maritess, unable to endure the abuse any longer, reports the incidents to her mother and grandfather.
    • September 30, 1992: An information is filed against Apolonio Melivo for rape.
    • October 4, 1993: The trial court finds Apolonio guilty beyond reasonable doubt and sentences him to Reclusion Perpetua.

    Apolonio appealed, arguing that Maritess’s delay in reporting the incidents and alleged inconsistencies in her testimony cast doubt on her credibility. He claimed the charges were fabricated as retaliation for a beating and his adulterous relationship. However, the Supreme Court upheld the lower court’s decision, emphasizing the validity of Maritess’s testimony and the context of fear and intimidation.

    The Court stated, “In this case there is ample evidence indicating that the defendant did not hesitate to use physical violence in order to cow his daughter into submission… That he did not have to use a knife in subsequent incidents indicates the degree of terror and fear he was able to instill into his young daughter’s mind.”

    The Supreme Court further elucidated, “Given this pattern, we have repeatedly ruled that the failure of the victim to immediately report the rape is not indicative of fabrication.”

    What This Means for Victims of Sexual Abuse and the Legal System

    This case reinforces the principle that the justice system must consider the unique circumstances surrounding cases of incestuous rape. It acknowledges the profound psychological impact on victims and the reasons behind their delay in reporting abuse.

    For victims of sexual abuse, this ruling offers hope and validation. It assures them that their silence, born out of fear, will not automatically invalidate their claims. It also serves as a reminder that seeking help, no matter how long after the abuse, is a courageous and valid step.

    Key Lessons

    • Delay in Reporting: The court recognizes that delay in reporting sexual abuse, especially in incest cases, does not automatically discredit the victim’s testimony.
    • Credibility of Testimony: The victim’s testimony, if consistent and credible, can be sufficient for conviction, even without corroborating evidence.
    • Impact of Fear and Intimidation: The court considers the impact of fear, threats, and the power dynamics within a family when evaluating the victim’s behavior.

    Imagine a scenario where a company executive sexually harasses a subordinate. The subordinate, fearing job loss and retaliation, remains silent for months. Later, after seeking legal advice, she decides to file a complaint. This case, and others like it, help to demonstrate that delays in reporting do not automatically invalidate the victim’s claim. Rather, the courts must consider the surrounding circumstances and the victim’s state of mind.

    Frequently Asked Questions

    Q: Does a delay in reporting a crime always weaken a case?
    A: Not always. Courts often consider the reasons for the delay, such as fear, intimidation, or trauma.

    Q: What evidence is needed to prove rape?
    A: The victim’s credible testimony is crucial. Physical evidence, if available, can also strengthen the case.

    Q: What is the penalty for rape in the Philippines?
    A: The penalty varies depending on the circumstances, but it can range from Reclusion Temporal to Reclusion Perpetua.

    Q: Can I file a rape case if the incident happened years ago?
    A: Yes, but there are statute of limitations that can affect your ability to file a case. It is best to consult with a lawyer to determine your options.

    Q: What should I do if I’ve been sexually assaulted?
    A: Seek medical attention, report the incident to the police, and consult with a lawyer.

    Q: How does the court determine the credibility of a witness?
    A: Courts consider factors like consistency, demeanor, and motive when assessing credibility.

    Q: What is Reclusion Perpetua?
    A: It is a prison sentence of at least twenty years and one day up to forty years.

    ASG Law specializes in criminal law and cases involving violence against women and children. Contact us or email hello@asglawpartners.com to schedule a consultation.