The Superior Court yesterday held the oral hearing to review the sentence of 15 years of imprisonment imposed on a resident of the Philippines for raping the minor daughter for years. During the session, the defense filed an appeal and requested the defendant’s acquittal or, alternatively, a reduction of the sentence to six years in prisonquestioning the assessment of the proof made in the first instance by the Court of Courts.
Defense counsel argued that the victim’s account “presented contradictions” and he maintained that the sentence was based essentially on his testimony. As he explained, they had not been properly weighted certain evidentiary elements or expert reportsand argued that these “were not conclusive” to support such a high sentence. In this sense, he insisted that reasonable doubts persisted which should lead to acquittal or, at the very least, a significant reduction of the sentence.
A firm opposition
The Prosecutor’s Office opposed the appeal and requested the full confirmation of the sentence. The public ministry defended that the facts had been “fully proven” during the trial and he emphasized the seriousness of the abuseswhich occurred repeatedly in the family sphere. Likewise, he emphasized the situation of vulnerability of the minor and the position of superiority of the accusedelements that, as he indicated, reinforced the legal classification of the events.
The man repeatedly abused the daughter between the ages of four and twelve
In the middle of the oral hearing, the Prosecutor’s Office warned the court that the session was taking place in public, even though it was a case involving a minor. He considered that the view it should have been held behind closed doors to guarantee the protection of the victim and preserve his privacy. The defense attorney, who had already begun presenting his arguments, he did not object to the prosecutor’s request and the trial continued to be held behind closed doors.
Some proven facts
It must be remembered that the Court of Courts sentenced the man to 15 years in prison for a continuing felony of rape of a person under the age of 14after considering proven that the abuse took place over a long period of time, when the victim was between the ages of four and twelve. The resolution gave full credibility to the minor’s testimony, which he described as coherent and persistentand considered that this was corroborated by the psychological reports included in the case.
The Superior left the case open for judgmentwhich will have to determine if it maintains the sentence imposed or introduces the modifications of the sentence requested by the defense of the convicted.
