INQUIRER.net FILE PHOTO / Daniella Marie Agacer
MANILA, Philippines—The crime of rape is still prevalent that the Philippine National Police (PNP) said it was one of the most common crimes committed in the last six months—July 2022 to Jan. 7, 2023.
PNP chief Gen. Rodolfo Azurin Jr. revealed on Monday (Jan. 9) that rape, as well as theft and physical injury, were the most prevalent crimes since the start of the administration of President Ferdinand Marcos Jr.
But despite being considered as one of the most common crimes in the last six months, the incidence of rape fell to 3,762 from 5,192 on July 2021 to Jan. 7, 2022, Azurin said as he highlighted that index crimes also dipped by 8.03 percent or 1,701 cases.
READ: PNP: Theft, rape, and physical injury most common crimes since Marcos rule
This doesn’t mean, however that rape is becoming less of a concern.
Looking back to last year, the PNP said the number of rape cases in the Philippines is still high even if it went down to 7,197 on Jan. 1 to Nov. 13, 2022 from 8,460 the previous year and 9,503 in 2020.
GRAPHIC: Ed Lustan
Actually, last Tuesday (Jan. 10), a day after the PNP released its statistics, operatives of the Muntinlupa City Police arrested a 29-year-old German vlogger for alleged violation of Republic Act (RA) No. 8353—the Anti-Rape Act of 1997.
Marcel Messal, aka “MR Pogi German”
Based on the YouTube and Facebook accounts of “MR Pogi German”, or Marcel Messall, among his contents are videos of him talking to “pick-up girls,” bringing them to a motel, but ending up giving them some help instead.
“I want to spread happiness,” he said in a video posted on YouTube on April 11, 2022, where he was seen giving P5,000 to a woman introduced as a “pick-up girl.” He said it was his intention to help people, especially those hit hardest by the COVID-19 crisis.
The video had earned different comments, with one of his online subscribers saying that “it’s such a good feeling to help people in need [as] the smiles and reactions you get back are priceless.”
But what happened to his latest video, which was posted on Facebook, was different because while he was still seen giving P10,000 to a girl he picked up in Alabang, Muntinlupa City, he later kissed her.
This prompted Muntinlupa City Mayor Ruffy Biazon to call the attention of the police, saying that while the vlogger expressed his intention to help, as he claimed in the video, “it looked like he took advantage of the girl’s [financial] needs in the end.”
“We will not let this pass,” he said.
As a result, “MR Pogi German,” who is staying in Barangay San Isidro, Rodriguez, Rizal was arrested.
The arrest was made based on the complaint of the victim, especially after her video went viral on Facebook. The police said the victim positively identified Messall as the one who brought her to a motel and allegedly sexually assaulted her.
But in a 24 Oras report, “MR Pogi German” said “I did not do anything to her. Doing something to an 18-year-old is not bawal (prohibited), only if minor, right? If I know that she is a minor, I would never ever agree with her […] because I am a good guy.”
According to the report by Muntinlupa City police chief Col. Angel Garcillano, the girl that “MR Pogi German” picked up was only 17 years old and not 18 years old as claimed in the video that was posted on Monday (Jan. 9). This would make Messall liable for statutory rape, which does not distinguish between consensual or forcible intercourse as long as the girl is a minor.
This was the reason that the cases filed against him are in relation to RA No. 7610 or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act of 1992, the police said.
He was also charged with violation of RA No. 9995 or the Anti-Photo and Video Voyeurism Act of 2009 for the posting of photos and a video of another victim on Facebook and YouTube.
Pervasive problem
Sexual violence against women and children, the Philippine Commission on Women (PCW) said, is one of the most pervasive problems in the Philippines, with one in 20 girls and women (15 to 49 years old) having experienced such in their lifetime.
RELATED STORY: From Duterte to Marcos: PH crime volume drops, but ‘impunity persists’
Likewise, based on the National Baseline Study on Violence Against Children (NBS-VAC), 17.1 percent of Filipinos (13 to 17 years old) experienced sexual violence, while 3.2 percent had forced consummated sex—anal, oral, and/or vaginal—throughout their childhood.
Child sexual violence is an act “which is sexual in nature that is committed against a child without his or her consent” while forced consummated sex is “forced penetrative sex, like anal, oral, and vaginal sex.”
Out of the 17.1 percent, 14.1 percent were committed while dating. The NBS-VAC revealed that 13.7 percent were committed in the home, 7.8 percent in the community, 7.1 percent in the workplace, and 5.3 percent in the school.
GRAPHIC: Ed Lustan
The common perpetrators of sexual violence in the home were brothers and cousins—cousins, father and brother for boy victims and brother, stepbrother, sister or stepsister, and stepmother for girl victims.
Then in the community, the NBS-VAC stated that the perpetrators of sexual violence were neighbors, strangers, gangsters or addicts, and others—adult men, chat mates or text mates, female friend, and brother’s friends.
How are they doing it?
Based on the results of the NBS-VAC, the most common methods of sexual coercion used by perpetrators in cases of forced consummated sex is verbal insistence or pangungulit, with 33.9 percent of the respondents saying it was what they experienced.
Next to verbal insistence were sweet talk (33.9 percent), verbal deception (23.2 percent), bribery (17.9 percent), making threats of revealing the victim’s secrets or putting him or her to shame (17.9 percent), and giving drugs or alcohol (14.3 percent).
The rest of the methods were physical assault, like slapping, kicking, and hitting (10.7 percent), threatening the victim with a weapon (5.4 percent), “was sold or given as a gift by my parents or relatives” (3.6 percent), and verbal blackmail (1.8 percent).
With unwanted sexual touching, sudden attacks, or those that are without warning, as when in the mall or riding in public utility vehicles, were also mentioned, the NBS-VAC, which was conducted in 2015 revealed.
As stressed by Sen. Risa Hontiveros, sexual violence inflicts “lifelong psychological and emotional injury” on victims, especially children. “[This] is a cruelty we should no longer allow,” she said.
The United Nations Children’s Fund explained that victims of sexual violence experience an increased risk of sexually transmitted diseases, pain, illness, unwanted pregnancy, social isolation and psychological trauma.
RELATED STORY: Gender-based violence: A disease more pervasive than COVID
As a result, “some victims may resort to risky behaviors like substance abuse to cope with trauma.”
Rape, as seen by law
The PCW said rape, which is a crime against persons, “violates a person’s wellbeing and not just one’s virginity or purity” as the law considers that any person, whether prostituted, non-virgin, or one who has an active sexual life may be victimized.
Since it is a public offense, anyone who has knowledge of the crime committed may file a case on the victim’s behalf. The prosecution continues with the case even if the victim drops the case or forgives the offender.
As stated in the Revised Penal Code (RPC), as amended by RA No. 8353 and RA No. 116481, rape is committed by a man who shall have sexual intercourse with a woman in any of these circumstances:
- Through force, threat, or intimidation
- When the victim is deprived of reason or is unconscious
- Through fraudulent machination or grave abuse of authority
- When the victim is below 16 years of age or is demented, even if none of the above circumstances are present
This, as RA No. 116481, which was signed last year, amended the provisions of the RPC, the Anti-Rape Act of 1997 and the Special Protection of Children Against Abuse, Exploitation, and Discrimination Act of 1992.
READ: Duterte signs law raising age of sexual consent from 12 to 16
RA No. 8353 set the age of sexual consent to 12, the lowest in Southeast Asia and even in the world, but with RA No. 116481, which raised the age of sexual consent to 16, any person who will engage in sexual activity with a minor who is less than 16 will be committing a crime.
READ: Age of sexual consent now 16: Why this ‘hard-fought’ win is crucial in PH
It was explained by child rights advocates that raising the age of sexual consent protects the young from sexual abuse and from the consequences they may not be completely aware of when engaging in early sexual activity.
What to do if someone is raped?
According to an article by the East Tennessee State University, if one has been sexually assaulted, the first thing that the victim should do is get to a safe place immediately. This could be a friend’s room, the police station, or the local hospital.
GRAPHIC: Ed Lustan
But once the victim has been secured, the PCW said people can advise the victim to seek the help of a counselor or a therapist who is an expert in handling cases of sexual abuse. Here are the rest of the things that we can do:
- Advise the victim to seek the help of a counselor or a therapist who is an expert in handling cases of sexual abuse.
- Assist in securing a safe and temporary shelter if the victims need to move to a place for security reasons. The victim can be referred to a crisis center or any government agency that offers temporary shelter.
- Make sure that the evidence is safe and intact. This would help should the victim decides to file a case.
- Secure a medico-legal certificate from a medico-legal officer. Absence of bodily injuries does not mean that rape did not occur or that the case may not be pursued anymore.
- Support the victim along the way when he or she decides to file a case.
- Ensure that he or she is prepared in all aspects. Make him or her understand the overall picture of the case. Inform the victim that it is possible that doctors, police, lawyers and judges would not be sensitive to his or her situation and experience.
- Help the victim choose the lawyer who understands him or her most.
- Coordinate with people who can assist or support him or her all throughout.