On Victim Anonymity in Rape Cases

Abstract

Reporting a crime is vital in criminal justice. It has to be accomplished by victims for the authorities to apprehend and punish their perpetrators. However, notwithstanding the push toward civil litigation of sexual misconduct, many victims of rape face various impediments to bringing formal civil and criminal action against their perpetrators. In addition to the time and expense of legal proceedings, shame, fear of not being believed or being labeled a gold digger, repercussions to self, friends, and family, humiliation, discrimination, and the permanency of the internet are among the obstacles to coming forward. This factors prevents rape victims in reporting and participating in prosecution of rape case which weakens the Criminal Justice System of the Philippines.
This study seeks to enact a Law on Victim Anonymity in Rape Case to protect the privacy of rape victim and encourage him/her to report and participate in the prosecution of rape case, thus strengthening Criminal Justice System in the Philippines. Specifically on How does the existing law in the Philippines promote victims' right to privacy and protect them from stigma and damage of their reputation to encourage them to prosecute rape cases observing the, The 1987 Philippine Constitution, Republic Act No. 8505, Implementing Rules and Regulation of R.A No. 8505 (Resolution No. 1, series of 200), Rules on the Examination of Child Witness, Data Privacy Act; Under the present Rape Law in the Philippines where the identity of the rape victim is revealed or subject of identification on how do these practices affect the victims in terms of Reporting of rape cases and participation of victim during the trial, Exposure during public hearings/trial in court, Exposure in media ad publicity and Reputation and life of victims after the termination of case or judgment in court and on How does the enactment of Law on Victim Anonymity in Rape Cases help increase victims' participation in reporting and prosecuting rape cases, thus strengthening the criminal justice system.This study utilized the Triangulation Research Method Method in generating and analyzing data that validates the quantitative and qualitative results in 71 presented cases. The results found that the level of humiliation and debasement a rape complainant faces during the legal proceeding is more severe than other crimes; The fear of public disclosure discouraged rape victims from reporting the incident and resulted in withdrawal and lower conviction rates in rape cases; There is a need to protect the identity of the rape victim and any information that would likely lead to his/her identification to avoid humiliation, blame and harm that they might receive in public; Rape victims must automatically receive anonymity upon reporting and throughout their lifetime to promote their privacy and encourage them to report and participate in the prosecution of the case; Different countries recognized the importance of anonymity in the rape cases; and Enactment of law on victims' anonymity of rape case will prevent the public from disseminating any information regarding the victim and preventing the commission of rape blaming, myths, and re-victimization of rape victims