Ending Impunity: Abused Child Wins Conviction
July 30, 2020 · By Francis Bermido, Jr.
Ending Impunity: Abused Child Wins Conviction
Preda News
Francis Bermido, Jr.
On 28 July 2020, Rodolfo Aguilar Capati Jr. was found guilty beyond reasonable doubt for the crime of rape (one count) and lascivious conduct (two counts). In a Decision by Hon. Judge Robert Alexander Malig of the Regional Trial Court Branch 45 in the City of San Fernando, Pampanga, Capati was sentenced to suffer the penalty of imprisonment of reclusion perpetua (for rape) and up to 17 years for each count of lascivious conduct. He was also ordered to pay the victim civil indemnity, moral and exemplary damages.
At 14 years old, Maria was repeatedly raped by 61-year old Capati, a former employer of her mother. Whenever he raped her, he gave her money which in turn she gave to her mother who did not even bother to ask where she’s getting the money.
No longer able to endure the abuse, on 18th November 2016, Maria reported her ordeal to the village officials who referred her to the town’s social worker. She was submitted to medico-legal examination that revealed the extent of abuse she suffered. Upon learning that Mary Ann asked for help, Jorge paid off her mother in a bid to silence her and the whole family.
Maria was admitted to the Preda Girls Home on 19th November to protect her from threats and further abuse and violence from Capati and from pressure from her own mother so she would not file a legal case against him. At the Preda home, Maria found a haven safe from her abuser and was welcomed by the other children and staff who constantly gave her reassuring words, acceptance and affirmation. She participated in emotional release therapy sessions and during one of these sessions, she revealed that she was also raped by her stepfather. She asked for help from her mother but the mother did not believe her.
Maria’s grandmother filed a habeas corpus case against Preda in an attempt to get her custody and influence her into withdrawing the complaint against Capati. However, Preda opposed this off and the judge decided in favor of Preda.
When Maria was reintegrated to her biological paternal grandmother, the supporters of Capati influenced her into signing an Affidavit of Desistance. However, this was not recognized by the Court. Then, Capati tried to enter a plea bargain but Preda, through a letter to the Court dated 19 March 2019 explained that “for the guilty to get off lightly from the despicable crimes especially by offering to pay money to the victim is repugnant to moral values and sensibilities and contrary to the dignity of the person and the Filipino honor. We do not condone plea bargaining in the case of child rape and sexual abuse where justice would be defeated and not served and the justice system held in mockery.”
Annually, children assisted and empowered through the Preda program win an average of 18 convictions, sending a strong message to child rapists that justice will soon catch up with them and deterring others from abusing and raping children.
