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Understanding the Barriers and Challenges in Reporting

Witnessed Sexual Assaults in the Philippines

A Term Paper

Presented to

Juanita R. Segui

Antipolo City National Science and Technology High School

In Partial Fulfillment

Of the Requirements in

English 10

By

Kirby Peralta

Ilyza Nadine Soriano

Allyson Gonzales

Abcdef Jay Cerda

June 13, 2023

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Acknowledgement

The researchers would like to extend their gratitude and appreciation to their esteemed

English 10 teacher, Ma’am Juanita R. Segui, for her invaluable guidance and support

throughout the process of writing this term paper. We are truly grateful for the time and effort

our teacher has invested in guiding us through this process.

The researchers would also like to express their sincere gratitude to Sofia Gabrielle B.

Talagon for her invaluable assistance in searching for information, guiding the researchers in

writing the term paper, and for also providing suggestions for the format of this term paper.
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Table of Contents

Introduction: Sexual Assault in the Philippines......................................................................... 4

I. The psychological factor to the victim of sexual assault........................................... 5

a. Fear of Retaliation............................................................................................. 5

b. Trauma Responses..............................................................................................6

c. Guilt and Shame................................................................................................. 6

II. The cultural and societal burden victims of sexual assault face.............................. 7

a. Victim Blaming................................................................................................... 7

b. Societal Attitudes and Cultural Factors.............................................................8

III. The undependable justice system................................................................................9

a. Lack of Trust in the Justice System.....................................................................9

b. Failure to Report Crimes Related to Sexual Assault .......................................10

IV. How to encourage victims to report their experience with sexual assault............ 11

a. In Response to the Psychological Challenges................................................ 11

b. In Response to the Social Challenges.............................................................12

c. In Response to the Legal Challenges..............................................................12

Conclusion................................................................................................................................13

Bibliography.............................................................................................................................15
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Introduction

Sexual assault is the act of intentionally touching, in a sexual manner, another person

without that individual's consent. It also refers to when a person is forced to engage in a

sexual act against their will. Some forms of sexual assaults include rape, attempted rape,

forcing someone to perform sexual acts, and unwanted sexual touching (Rape Abuse and

Incest National Network, n.d.).

Like many countries, the Philippines struggle with the problem of sexual assault.

According to National Demographic and Health Survey (2017), 1 in 20 Filipino women and

girls age 15-49 have experienced sexual violence or assault in their lifetime. It is very

important to report these incidents as a witness or a victim; because it helps survivors gain

justice, facilitates the identification and prosecution of perpetrators, and contributes to the

prevention of further incidents. However, sexual assault remains significantly underreported,

due to a variety of challenges such social, cultural, and legal barriers.

The purpose of this study is to identify the causes on why the reportings of sexual

abuse remain alarmingly low despite studies showing a significant percentage of women have

experienced sexual abuse in some way. This is based on three factors, which are the

psychological aftermath of sexual assault; The cultural and societal burdens victims of sexual

assault face; and The undependable justice system. Furthermore, the researchers aim to find

strategies that will address these factors in order to encourage victims to report their

experiences with sexual assault.

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I. The psychological factor to the victim of sexual assault

Fear of Retaliation

One of the most common reasons why some people do not report sexual assaults is

because of fear of retaliation. Fear of retaliation is defined as the unpleasant emotion that a

victim may feel when they are frightened and worried by something dangerous (Cambridge

Dictionary, n.d.). It is the fear they get from the perpetrator, associates, or others that may be

involved in the sexual assault. It stems from the concern of personal safety, reputation, and

any other potential consequences of reporting what someone may have witnessed.

In a study conducted by Alcantud et al. (2021) it was found that the fear of retaliation

emerged as the primary factor preventing individuals from assisting victims. Specifically,

40% of people admitted to refrain from offering help in cases of gender-based violence

(GBV), which is a kind of violence that targets women and girls (European Commission,

n.d.). Individuals, including victims, don't report these sexual assaults due to concerns over

potential retaliation, negative consequences, and personal attacks. This fear is further

intensified by the alarming number of retaliation against those who do report such incidents,

particularly in some workplace. It was found that 75% of women who reported sexual

assaults had experienced missed opportunities for promotions, increased scrutiny, being

labeled as a troublemaker, and even facing termination from their jobs (Feldblum & Lipnic,

2016).
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Trauma Responses

Moreover, some victims don't report sexual assaults due to trauma responses.

According to an article by Tull, M. (2022), it is more likely for survivors of sexual assault to

develop symptoms of post-traumatic stress disorder or PTSD. Tull stated that approximately

45% of sexual assault victims had experienced symptoms of PTSD. This article was

supported by Elizabeth Broadbent, a rape victim who stated that "we don’t want to be

re-traumatized by reliving the experience again and again for police, for lawyers, for whole

courtrooms — being subjected to the horror of sexual assault is enough without a group of

strangers nitpicking its details", (Broadbent, 2018). These trauma response can make it

challenging to engage with the reporting process, as it may trigger distressing memories and

emotions associated with the sexual assault that the victim had experienced.

Guilt and Shame

Moreover, guilt and shame also plays a factor for sexual assault victims to not report

the incident. Many rape victims feel guilty because they think it is their fault for what had

happened to them. They may blame themselves for what they were wearing, for intoxicating

themselves, or even for being alone with the perpetrator (HealthyPlace, 2019). This sense of

guilt weighs heavily on survivors, leading them to internalize blame that discourage them

from coming forward.

Similarly, rape victims also get a feeling of shame, that contributes to their reluctance

to report the crime. Quing (2021) stated that victims from the Philippines often feel ashamed

and fear the judgments and negative perceptions of others if they disclose what had happened

to them. Shame arises from the anticipation of being viewed poorly by others due to the
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experience of assault. It is what prevents many survivors from speaking and sharing their

stories and seeking justice. The combination of feeling guilty and ashamed is harmful to

survivors, as it just creates an overwhelming burden that prevents them from openly

discussing and addressing the incident.

II. The cultural and societal burdenvictims of sexual assault face

Victim Blaming

Regardless of the individual’s gender, sexual assault is a horrendous and traumatic life

event. Victims do not only suffer psychologically, but they also suffer immense cultural and

social burdens that hinder them from reporting the crime. According to Pazzanese (2020),

these burdens include, but are not limited to, skepticism and even hatred toward survivors

while perpetrators are sometimes given sympathy. Furthermore, one of the cultural and

societal burdens that a victim faces is victim blaming. It is a phenomenon in which the victim

of a crime is held responsible for the crime perpetrated against them.

Victim blaming in sexual assault cases can take many different forms, such as

victimizing victims due to social and cultural pressures. Among these difficulties are being

made to take responsibility for their own assault, being told that they were “asking for it,” or

being questioned "What were you wearing when it happened?" as stated by an article from

Virtudes (2020). The act of victim blaming marginalized the survivors and makes it difficult

for them to come forward and report to the authorities; because if the victim knows that the

society blames them for what happened, that person would not be comfortable talking about

the incident.
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Societal and Cultural Factors

A research by Patrick (2020) discovered that society blames the victim due to

cultural-based factors and social attributes. This claim was supported by Linder (2018); it was

stated that women are often taught not to get raped rather than teaching men not to rape. This

teaching de-emphasize the importance of consent and respect; it places the burden of

responsibility on potential victims, inadvertently perpetuating a culture that tolerates and

normalizes sexual violence.

Another significant factor is normalizing sexual assaults. An evident example is the

phrase "boys will be boys." According to Casal, a reporter for CNN Philippines (2019), this

phrase is part of a culture that “rewards men and punishes women.” It implies that certain

inappropriate or aggressive behaviors by males are acceptable or expected by the society and

it lessens the severity of their actions. Such normalization can contribute to a dismissive

attitude towards the experiences and trauma of victims.

Furthermore, society defines manhood as “dominant and sexually aggressive while

womanhood as submissive and sexually passive" (Inside Southern, n.d.). The perception that

men should display dominance and assertiveness in their interactions, that includes sexual

encounters, intensifies the problem. Such expectations and stereotypes contribute to a power

dynamic that can encourage sexual violence. Society often accepts what happens to the

victim without any resistance, and thus, it contributes to victim-blaming attitudes. These

factors collectively create significant barriers for victims, discouraging them from reporting

sexual assault incidents.

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III. The undependable justice system

Lack of Trust in the Justice System

According to the World Health Organization (WHO), 2021, one in three women

worldwide suffer abuse or the threat of abuse, which has an effect on both their private and

public lives. This holds true for both developed and underdeveloped countries. Most nations

in the Asia-Pacific region now have laws that make violence against women, particularly

sexual violence, a crime after decades of persistent advocacy and action in the field of policy

and legal reform. Nevertheless, despite these successes, there is still a historical deficiency in

the penalty and moral approval of such acts. In six nations in the Asia-Pacific area, where

more than 10,000 males were questioned, the United Nations survey (2013) found shockingly

high rates of sexual violence, ranging from 10 to 62 percent overall. Further evidence that

such violence is still generally allowed and normalized in many of our countries comes from

the fact that the majority of males who acknowledged to committing rape suffered no legal

repercussions and many did not even report feeling guilty.

Failure to Report Crimes Related to Sexual Assault

The recorded cases of sexual violence around the world are merely the tip of the

iceberg; polling of 1,553 women in the UK found 52% experienced unwanted behaviour at

work including groping, sexual advances and inappropriate jokes. But four in five women

said they did not report the incidents to their employers, with many fearing that it would harm

their relationships at work or that they would not be taken seriously. However, the one in five
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women that did report, resulted in poor outcomes: 80%, according to the TUC report, found

that nothing changed; 16% said that the situation worsened afterwards (TUC, 2016).

There are various reasons for this underreporting; aside from the psychological and

cultural challenges, another key factor that contributes to underreporting is the flawed and

unreliable nature of the justice system. In some cases, victims of sexual assault had

experienced discouraging encounter with the law enforcement and the lack of support from

the legal authorities (Caiola, 2020).

International law has long recognized States' 'due diligence' duty to prevent, look into,

and prosecute cases of violence against women and girls. However, the pace of legal

obligations' implementation has been far too slow. Too frequently, the police, the courts, and

the judiciary as a whole, fall short of providing women and girls experiencing abuse with

proper protection, redress, and justice. These issues can undermine the trust that the victims

have in the justice system, leading to their reluctance to report the assault.

The case of Karen Tayag Vertido v. The Philippines (Legal Information Institute,

2008) lends credence to this claim. Karen Tayag Vertido was raped in 1996 by the former

president of the Davao City Chamber of Commerce and Industry. The trial court handled the

case for eight years before the defendant was cleared of all charges in 2005 by the Regional

Court of Davao City. The Court specifically declined to apply precedent cases from the

Filipino Supreme Court establishing that failure to escape does not negate the existence of

rape, stating that Vertido had plenty of opportunities to run away from her attacker. The Court

examined Vertido's testimony with "extreme caution," and challenged her credibility on the

grounds that "an accusation of rape can be made with facility."

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Additionally, another case of sexual violence was reported; this time, against a

disabled woman. a 1989-born deaf and mute Filipina national, was sexually assaulted in 2006

by her 19-year-old neighbor. Before the defendant was cleared of all charges in 2011 by the

Pasig City Regional Trial Court, the matter lingered in the trial court for five years. The Court

once more refused to use precedent established by the Philippine Supreme Court, which is

similar to a decision made in Karen Tayag Vetrido v. The Philippines. Instead, the Court

relied on myths and prejudices about rape and rape victims that are based on gender,

concluding that the victim should have taken advantage of every chance to escape or fight her

attacker. As a woman who is also deaf and mute, R.P.B. further asserted that the Court failed

to grant her accessibility to the court on an equal basis with other victims (Legal Information

Institute, 2014). These cases highlight the urgent need for comprehensive reform in

addressing sexual violence and ensuring justice for survivors.

IV. How to encourage victims to report their experience with sexual assault

In Response to the Psychological Challenges

Sexual assault crimes are significantly underreported, with only a fraction being

reported to the police. The reluctance of survivors to report the crime to the police has mainly

been attributed to their fear of retaliation, trauma responses, and guilt and shame. (Alcantud

et al, 2021; Broadbent, 2018; HealthyPlace, 2019; Quing, 2021). To address this issue, one

potential solution is the establishment of anonymous reporting systems and third-party

reporting centers. Anonymous reporting systems and third-party reporting centers allow

victims and witnesses to provide information to the police forces without revealing their

identities (The Public Legal Information Association of Newfoundland and Labrador, 2020).
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Due to the anonymity, individuals may feel safer and more comfortable reporting such

crimes, as they can share information without fear of retaliation or exposure.

In Response to the Social Challenges

Promoting awareness campaigns that highlight the significance of reporting sexual

assault, the prevalence of such crimes, and their impact on victims is a powerful means of

encouraging victims to come forward and share their experiences. Awareness campaigns play

a crucial role in breaking the silence surrounding sexual assault by bringing the issue into the

light and help raise public consciousness. Moreover, these campaigns aim to cultivate a

culture of empathy, support for the victims, and comprehension surrounding sexual assault,

ultimately fostering an environment where reporting is encouraged and victims can speak up

(United Nations Missions in South Sudan, 2016).

In Response to the Legal Challenges

Promoting the reporting of sexual assault crimes requires a comprehensive apporach

that goes beyond awareness campaigns. An example of a prominent solution is to focus on

enhancing the investigation and prosecution processes through the implementation of key

reforms such as; establishing specialized training and improving evidence collection. By

providing specialized training for law and police enforcement who handle sexual assault

cases, it is guaranteed that they have the knowledge and skills to approach such sensitive

cases with empathy and professionalism (Mourtgos et al., 2021). While, improving evidence

collection ensures that these enforcements have the necessary resources and equipment to

properly collect evidence in sexual assault cases that can “be used in the court of law” (Ladd

& Seda, 2023).

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Conclusion

In conclusion, sexual assault cases remain a prevalent issue not only the Philippines,

but also in the whole world. Many people, specifically women and girls are the victims of this

violence. However, the reporting of these incidents is alarmingly low, mainly due to

psychological factors, cultural and societal burdens, and the undependable justice system.

The psychological factors that prevents most victims and witnesses from reporting the crime

of sexual assault is due to fear of retaliation, trauma response, and the feeling of guilt and

shame. Fear of retaliation is when the victim or the witness is afraid to talk about the incident

because of the concern over the personal safety, reputation, and any other consequences.

Trauma responses happen when the victim experiences the symptoms of post-traumatic stress

disorder (PTSD), which triggers the memories of the assault. Lastly, guilt and shame stems

from the fact that most survivors blame themselves and are embarrassed about what they

have experienced.

There are also some cultural and societal burdens that victims face; it includes

victim-blaming, wherein the survivor is blamed by the society and deemed to be responsible

for the harm they have suffered, even though it was done by someone else. It is rooted to the

normalization of sexual assault in some culture, and societal expectations that perpetuate and

tolerates sexual violence. Cultures create stereotypes that excuses the action of sexual

violence. These factors contribute to an attitude of disregard towards the experiences of

victims.

Apart from the psychological and cultural challenges faced by survivors, a significant

factor contributing to underreporting is the undependable justice system. High rates of sexual

violence persist in the Asia-Pacific region, often with no legal consequences for the

perpetrators. The slow implementation of the legal obligations of the law enforcement further
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lessen the trust in the justice system. Notable cases in the Philippines highlight the disregard

for precedent and perpetuation of myths and biases in the handling of sexual assault cases.

Comprehensive reform is necessary to address sexual violence, including strengthening legal

frameworks and improving law enforcement responses

To overcome the psychological challenges of underreporting sexual assault,

anonymous reporting systems and third-party reporting centers can be established. It will

allow victims and witnesses to provide information to the police without revealing their

identities, making them feel safer and more comfortable in reporting the incident.

Increasing awareness through campaigns that can highlight the importance of

reporting sexual assault and the impact on victims can also encourage individuals to come

forward and share their experience. It can break the silence surrounding these crimes and

foster a culture of support and empathy.

Finally, addressing the legal challenges that involves implementing reforms such as

specialized training for law enforcement and improving evidence collection in order to

enhance the investigation and prosecution processes for sexual assault cases. These

comprehensive approaches aim to promote reporting the witnessed incident of sexual assault

and ensure that victims receive the justice they deserve.

For future researchers, it is recommended to continue to explore and explore the

different factors that contribute to the underreporting of sexual assaults. Additionally, the

future researchers should focus on evaluating the different solutions that the paper proposed

which are the effectiveness of anonymous reporting systems and third-party reporting centers,

impact of awareness campaigns, and improvement of the legal framework, law enforcement

response, and evidence collection processes.

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