Nigerian faces rape case
Written by: Castromayor , Emilord
Mindanao Times
THE CITY Procecution Office has filed a rape case against a 24-year-old Nigerian nursing student for allegedly molesting a classmate last Sept. 17.
Prosecutor Stella Esparagoza-Camino filed the case against Andrew Moudukwo based on the complaint of a 22-year-old first nursing student.
In ruling against the foreign student, Camino pointed out that the accused made an erroneous claim when he said that he did not threaten or intimidate the victim. The fact that the complainant was frightened during the incident and pushed his hand away when he started to undress her and pleaded him but he refused to stop are indications that she was intimidated at that time.
She felt helpless since he was superior in strength. She followed his orders for fear that he might kill her. Thus, it is improbable for her to shout at that time, the prosecutor added.
In her complaint, the woman claimed that she and the accused had been acquaintances since a year ago and that on the day of the incident, they talked about religion that when he invited her to his place to take lunch, she agreed.
She said that after their lunch, the foreigner forced her to sit on her lap and eventually raped her.
After that the woman went home and reported the incident to her sister and friends who accompanied her to the police station. This resulted in the arrest of the accused.
In his defense, the accused, who availed of his right to preliminary investigation, claimed that what happened between him and the woman was not sexual abuse because it was consensual. To support his claim, the accused submitted the affidavit of the neighbor who claimed that if there was rape, the victim could have shouted to attract the attention of the neighbors.
Camino also cited that the woman followed the order for she was afraid that Moudukwo might kill her.
No recommended for the accused and now detained at San Pedro Police Station.
The woman claimed that on Sept. 17 in the morning, they were exhanged of conversation regarding spiritual topics which she caught her interest for she was a former missionary in the school lobby. After many minutes of chatting, the accused invited her to check out of his rented house with P10,000 a month and also asked to have lunched with him. The woman nodded and they took a tricycle to his house.
She also claimed that she observed Moudukwo locked the gate. Afterwards, while Moudukwo was cooking to their food, the woman was busy wathing TV.
Moudukwo gave her an apple while watching TV then asked if she has a boyfriend bu the girl answered that she don’t have boyfriend and still fucos to her study. Moudukwo replied that he wanted to apply and started kissing her on face. The victim said that she started to feel uncomfortable but she managed to remain calm.
Moudukwo claimed that the missionary woman was amazed to his house and asked him if it is true that his father a prince? But did not answer the question.
During their lunch, he played a Nigerian music and held her hands and asked her to seat on his lap by force. Moudukwo assured the woman that he will not have sex with her. The woman was afraid and tried to divert the malicious act of Moudukwo.
The woman asserted that even she asked Moudukwo to stop of molesting her but not listened and she just follow the orders for she was afraid that Moudukwo might kill her if she resist. Moreover, the woman asserted that Moudukwo molested her twice and claimed that she cannot asked for helped for at the back of Moudukwo house is a wall and forgot to bring her cellphone.
Then, afterwards Moudukwo accompany the woman in the conveniece store while the victim was heading back to their school for a meeting said on the counter affidavit of Moudukwo.
The woman reported the incident to her cousin and friends about it to report in the police and went to hospital for treatment.
On Sept. 18, the police arrested Moudukwo together with the woman at 8;30 in the evening.
Moudukwo questioned the legality of the arrest since he was arrested more than 30 hours after the alleged incident. Moreover, Moudukwo also presented an affidavit of Maria Tionko saying that her house is just located on the right portion of the living room where the woman alleged incident happened. Tionko claimed that her husband and son were watching TV during that time. Moudukwo asserted that the allegation of the complainants are absurd since she could have shouted to attract the attention of others.
However, the resolution of the Camino stated that the accused was not legally arrested is defenseless for the Supreme Court upheld the validity of the arrest of the accused even if it was done more than 24 hours after the crime.
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