Dacera’s lawyer: Being LGBTQ community member is not a defense for rape

MANILA, Philippines — Being a member of the LGBTQ (lesbian, gay, bisexual, transgender, and queer) community is not a valid defense in the alleged rape that was committed in the death of flight attendant Christine Dacera, one of the lawyers of the Dacera family said on Thursday.

“In so far as we are concerned, the admission comes to nothing because again, I have to go back to the basics, sexual orientation is not one of the elements in proving the crime of rape. And sexual orientation or being a member of LGBTQ community is not a defense for rape,” Lawyer Jose Ledda III said over ABS-CBN News Channel, reacting to the argument of suspect Gregorio de Guzman that rape was not possible in Christine’s death because he is gay.

“One may assert, and one may even prove, and one may be saying homosexual but that does not discount that rape cannot be committed by that individual,” he added.

De Guzman, son of veteran singer Claire dela Fuente, said he is a member of the LGBTQ+ society and that he did not have sex with any woman.

“Paano po naging rape? Bakla po ako. Never po ako nakipagtalik sa babae ever in my life (How did it become rape? I am gay. I never had sex with any woman ever in my life.),” said De Guzman during a previous television interview.

Ledda however, pointed out that he has nothing against the LGBTQ+ society, noting that the Dacera family is just seeking justice for the death of Christine.

“This is also not a fight against the LGBT community; this is the struggle of the family to attain justice for the death of the victim,” Ledda said.

In a previous press conference, Dacera’s lawyers stressed that the victim used drugs and was abused prior to her death. They said Dacera “had already experienced intoxication and complained that her drinks appeared to have been spiked.”

The Makati Prosecutor’s Office referred the provisional charge of rape with homicide back to the Makati City police for further investigation. It noted that there is a lack of evidence to prove that Dacera was raped and murdered.

/MUF