By Kit Bagaipo
The Bohol ChronicleCharges of rape filed against a jailguard stationed at the Carmen District Jail was dropped by the Provincial Prosecutor due to insufficient evidence.
The jailguard, identified as one JO2 Wendell Mondarte, 33, married, a resident of J.A. Clarin Street, this city, was accused of raping a 21-year old resident of barangay Buenos Aires in Carmen town.
According to the complainant, she was raped by the jailguard last April 18 inside a
pension house in Ubay town.
The resolution, which was promulgated by Assistant Provincial Prosecutor Margie Tan-Alvaro, stated that an accusation of rape can easily be made but "it is more difficult to prove."
The respondent-jailguard, represented by lawyer Lord Marapao IV, was able to prove that the complainant was his girlfriend, having known each other since, they eventually became sweethearts.
Complainant alleged that last April 18, the jailguard offered to take her home after the latter's birthday party at the Carmen District Jail. She agreed and rode the guard's motorcycle.
However, instead of bringing her home, the respondent-jailguard allegedly took her to Ubay where they checked in a pension house where she was purportedly raped twice.
The prosecutor's resolution stated that "Complainant voluntarily took a ride with the respondent from Carmen to Ubay where she could have escaped if she so desired."
When they reached Ubay, the respondent allegedly registered at the front desk.
"If indeed [the] complainant was forced by the respondent she could have asked help from the person manning the front desk or had [the] opportunity to avoid the respondent sensing that the latter has made lascivious advances to her," the resolution stated.
It was also established that the jailguard was not pointing a gun at her that time.
After the alleged rape took place, both respondent and complainant went out to ate in a barbecue place where there were many people.
"If indeed she was raped by the respondent she could have asked help from any of the persons who were there," the prosecutor said.
After they ate at the barbecue place, both returned to the pension house where the complainant claimed she was raped for the second time.
On their way back to Carmen aboard the jailguard's motorcycle, they were stopped in a checkpoint in Trinidad town and were detained for two hours at the Trinidad police station.
During their detention, the respondent left the complainant and should have reported her claim of rape to the police. However, she did not do such until they were released.
The prosecutor quoted a Supreme Court ruling which states that, "as to be reasonably expected, a ravished woman would instinctively call for help or at best flee from her lecherous captor to safer grounds when the opportunity present…"
Linkback:
https://tubagbohol.mikeligalig.com/index.php?topic=917.0