Rape Case in Carmen, Bohol

[pioneer]

By Kit Bagaipo
The Bohol Chronicle

Charges 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…"

[dine_22]

 May i know whose the victim of this... tga crmen bya ko, tga buenos aires, im sure kaila ko sa biktima...

[pioneer]

The reporter knows the name of the victim, but it is unethical to name a rape victim. Journalists have to avoid adding insult to an irreparable injury.

[pioneer]

May i know whose the victim of this... tga crmen bya ko, tga buenos aires, im sure kaila ko sa biktima...

Kung imong igsuon or ikaw ma-rape, ganahan ka ma-mention imong name sa news?

[queen]

Dili kaha ni maoy gi ingon nga rape with consent? Joke.

In my opinion, a rape can still happen even between sweethearts, and even between married couples. It's up to the victim to come out in the open and file a case. But honestly, for sweethearts and couples, nganong mag rape rape man gud nga pwede man magsabot ug tarong. 

[dine_22]

Kung imong igsuon or ikaw ma-rape, ganahan ka ma-mention imong name sa news?

of course not, did i say sa news ibutang ang name? 

[i-volunteer]

Sa akong nahibaw-an, basta RAPE, dili gyud hinganlan ang babae.

NO NEED TO INQUIRE WHO THE RAPE VICTIM IS. TOO MUCH SHAME ALREADY.

[slackware]

basig rape with consent? heheheheh...

[pioneer]

This is a real rape case. Period.

[slackware]

There are only 2 elements of a crime.
1.   The desire to commit a crime.
2.   The opportunity to commit a crime.

Without just one of these elements, there’s no chance of a crime. In this case, it seems that both of the elements are present…

Lets take a review…

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.

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.

[i-volunteer]

To come out in public and declare that she was raped is already a difficult thing to do for a woman.

[PrincessSaDagat]

basig rape with consent? heheheheh...

Nonsense!  There is no such thing as consent rape. 

[hazel]

Nonsense!  There is no such thing as consent rape. 

korek princess...I feel sorry for the girl. 

[PrincessSaDagat]

korek princess...I feel sorry for the girl. 

Me too. By the way where is her side of the story?

[i-volunteer]

The case has been dismissed by the court.

[-<GEC348>-]

The story tells two situations.

The first is physical rape -- Forcing the male genitalia or an object into the female's sex organ against the woman's will. This is the claim of the woman-victim that this was done to her by her policeman-boyfriend.

The second is mental rape -- Forcing into the mind of the woman to accept the fact that no physical rape happened.

The policeman-boyfriend, too, can claim he was mentally raped.

[slackware]

mao diay na dismiss...rape with consent lagi na...basig niningon ang babae,"di ko bi"...

[i-volunteer]

 If it is with consent, then we cannot call it rape. And if it is rape, then it must be without consent.

Dili man pud sakto tanang decision anang mga judge ug fiscal. Kalabanan ana sayop. Depende lang kung maayo ba mamakak ang abogado.

[slackware]

sa mas maayo pa taraw mo sa judge or fiscal?

[pioneer]

i-volunteer is right. it all depends kung unsa ka maayo imong abogado.

[queen]

i-volunteer is right. it all depends kung unsa ka maayo imong abogado.

Mag-abogado nalang unta ka Mike para ikaw maoy modapig sa mga kabus ug dinaog-daog.  

[dine_22]

haaaay, abe kog unsa na ning rape nahitabo sa carmen...

[pioneer]

Mag-abogado nalang unta ka Mike para ikaw maoy modapig sa mga kabus ug dinaog-daog.  

Duhay padulngan, Rose: ang ubang abogado maoy modaug-daug ug moduot sa mga kabos ug dinaug-daug ug ang ubang abogado maoy molaban sa mga timawa uyamot.

Bisan ug dili ta abogado, makalaban gihapon ta sa mga kapos ug dinaug-daug.

[queen]

Duhay padulngan, Rose: ang ubang abogado maoy modaug-daug ug moduot sa mga kabos ug dinaug-daug ug ang ubang abogado maoy molaban sa mga timawa uyamot.

Bisan ug dili ta abogado, makalaban gihapon ta sa mga kapos ug dinaug-daug.

Labani ko Mike be. Hehehe!

[pioneer]

Rose, labanan ti ka kung ikaw maoy daug-daugon. Apan kung ikaw maoy manaogdaug-daug, akoy labani. 

[musiclover0526]

may friend din ako na naging victim din,attempted rape lang hinoon,maestro ra ba jud ang laki.nagkinihaay gyud sila.wala pod kabayad ang laki ky wala pod nahot.

[musiclover0526]

sa carmen pod nahitabo ha,taga carmen yung friend ko e.sinabi ko sa kanya,itigil na nya yang kaso kaso na yan at mag move on nnlng..sagabal kasi sa future,basta mag amping nalang sa susunod,na khit barkada dili gyud magtiwala.