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Title: Cultural Victim? Post by: Ray on October 22, 2003, 04:00:00 AM Careful guys! If you decide to cancel your engagement, you might just find yourself charged with rape. I wonder who the REAL “cultural victim” was in this case?
----- RTC judge acquits Aussie of rape BAIS CITY -- The Regional Trial Court (RTC) in Negros Oriental acquitted the Australian national implicated in the controversial Bindot town rape case, which allegedly took place almost eight years ago. In acquitting Neville Stanley Wright, RTC Branch 45 Judge Ismael Baldado said the prosecution failed to prove the Australian guilty beyond reasonable doubt. Judge Baldado observed that based on the girl's letters to Wright, inclusive of the letters' dates, she already pardoned the accused before the filing of the case. Baldado said the alleged rape was committed in December 27, 1995 and the case was filed only in September 30, 1998. Thus, he said the old Revised Penal Code governs the case since the Anti-Rape Law of 1997 took effect only in October 22, 1997, so there cannot be any retroactive effect against the Australian national. "Legally speaking, if it is true that she was raped by the accused, the court sees through her letters that she has pardoned the accused before she instituted this case," the judge said. On the other hand, he said the complainant, Ivy (not her real name), was only a cultural victim in a sense that she gave all her love to a foreigner believing that it is permanent and only parted by death, a trait incomprehensible to people from the West. "True to its culture, the Filipina is sentimental, and gives all what love can give. Most of her kind still clings and believes that love is permanent, and is only parted by death. But, those from the West may not fully comprehend and believe this Filipina trait. To them, changing partners in life is may be a way of living likened to changing one's car," the judge said in his 14-page decision dated October 17. He said the Australian did not exercise caution when he courted a woman different from his culture. "Neville may not have committed any criminal wrong. But, he failed to exercise caution in going inside a culture different from the country where he came from. He made a Filipina love him, and made her believe that he would make her his wife, only to turn around, leave her, and marry another woman. Indeed, Ivy may be a classic sample of a cultural victim," the judge said. Ivy, through her counsel Lawyer Joel Obar, charged Wright with alleged rape during the his stay in her family's house in Cabugan village, Bindoy, Negros Oriental, in December 27, 1995. During the court hearings, the Australian national said he courted the girl and admitted living in the house of the alleged victim on that date. He also admitted pledging to marry her after the incident. Neville continued to stay in the girl's house, until he eventually left for Australia in January 1996. The court records further noted that both knew each other even before the filing of the case. On September 9, 1996, Ivy left for Australia following Wright's petition to allow her entry as his fiancé. However, the girl claimed the Australian made her work in his house without pay and that after three months of staying at the Neville house, she left and stayed with Wright's friend Darron Jerome. While at Darron's house, she learned Neville left for the Philippines to marry another Filipina, so packed her bags and headed for home. In the Philippines, Ivy, through the Commission on Human Rights (CHR) in Negros Oriental, filed a case for rape against Wright. Title: Should have.... Post by: Bear on October 22, 2003, 04:00:00 AM ... in response to Cultural Victim?, posted by Ray on Oct 22, 2003
...filed "breach of promise" or "breach of contract", or maybe "perjury with intent to defraud" (or something like that). But rape? It looked pretty consentual to me. Bear and honey |