[soc.rights.human] Justice Denied: The Case Against a Pedophile in the Philippines

kyig6809@uxa.cso.uiuc.edu (Kenneth Yerro Ilio ) (05/19/91)

The Supreme Court of the Philippines handed down its decision:  Heinrich
Ritter, an Austrian accused of inserting a vibrator in the vagina of a street
child which eventually caused her death, had been acquitted.  Ritter had been
charged with rap;e with homicide after Rosario Baluyot died due to massive
infection caused by the foreign object inside her body.  The final verdict
of the Supreme Court was that "Heinrich Stefan Ritter is ACQUITTED on grounds
of reasonable doubt."  Ritter was ordered to pay P30,000 (a little over US$
1000), and deportation proceedings were instituted.

The decision was made with obvious regret.  In its statement, the Court 
declared that it 'deplores the lack of criminal laws which will adequately
protect street childreen from exploitation, pedophiles, pimps, and, perhaps,
their own parents or guardians who profit from the sale of young bodies."
Ironically, the decision was handed down on March 5, 1991, just a few days
before the country's first official celebration of Araw ng Kababaihan, or
National Women's DAy.

Backgrounder:  Rosario Baluyot was a street child who have made Olongapo
City"s pavement as her home.  Olongapo, often called the city of sin is
the city which is right outside the US naval base and which caters to the
rest and recreation needs of US servicemen.  What her life was as a street
life before her encounter with Ritter is not known and testimonies given
during the trial only gave a partial picture.  Her exact date of birth 
has never been established and this was one of the crucial points of the
Ritter trial.

Some of the highlights of the case are as follows:

10 October 1986:  Ritter brought Rosario and Jessie, another street child to his
hotel room paying P300 to Rosario.  The next day, Ritter left.  Rosario
told her compation that the "American" (all whites in the Philippines are
called Kano or American) had inserted something in her vagina.  The
following day, Jessie asked Rosario if she had removed the object, which she
did, but Rosario complained of abdominal pains.

14 May 1987:  Rosario was found unconscious and fould smelling in the streets
of Olongapo.  She was brought to the hospital and diagnosed to be suffering
from gastroenteritis.

17 May 1987:  Reexamination by doctors found that there was a foreign object
inside her vagina.  Medical records show that she had peritonitis due to
massive infection of the abdominal cavity.

19 May 1987:  Rosario was operated on and the foreign object which was
identified as the broken tip of a vibrator taken out.

20 May 1987:  Rosario's condition became serious.  She died at 2 o'clock in
the afternoon.

25 Sept 1987:  Ritter was arrested in Manila and jailed.  Three months later,
he got out after an out-of-court settlement with Rosario's grandmother.  He
was rearrested however after a judge nullifed the settlement.

28 March 1989:  A regional court established guilt of the accused beyonds
reasonable doubt for the crime of rape with homicide.  Ritter was sentenced
to life imprisonmenmt and to indemnify Rosario's grandmother the sum of
P60,000.

5 March 1991:  The Supreme Court reversed the decision of the RTC and
acquitted Ritter.

The case against Ritter crumbled when the prosecution was not able to prove
that Rosario was under 12 years old when she was abused.  According to the
Revised Penal Code, rape is committed even without force or intimidation
only if the woman is under 12 years of age.  Other points which raised
reasonable doubt and led to the acquittal:   (1) since the proof of 
Rosario's age is not satisfactory, the prosectution has to prove force,
intimidation or deprivation of reason in order to convict for rape.  There
is no such proof.  The evidence shows a willingness to submit to the
sexual act for monetary considerations; (2)  No witness of the actual 
insertion of vibrator, etc. (3) According the medical testimony, infection
would have set in months earlier; (3) the gynecologist who attended to
Rosario testified that the child told him that a black man placed the
vibrator inside her. 

Ritter's acquittal raised an outcry, not necessarily against the Court
decision itself, but to the inability of legislature to enact laws
which would protect children from sexual abuse and exploitation.  The
Philippines Penal Code is bassed on Spanish laws and was enacted in 1932
when the nation did not yet face unrelenting poverty, and half a century
before the sex tourist came streaming into the country.  The Penal Code
is particularly archaic when it comes to laws covering rape, white slavery
and abduction, which are referred still as crimes against chastity.  The
Supreme Court had said that it regretted having to seemingly set back the
efforts of the government in preventing sexual abuse of children. Government
efforts however could only be described as half-hearted.    The
Philippines is signatory to the International Declaration of the Rights
of the Child, but hardly anything is being done to protect children
from poverty, exploitation, and violence.  Many bills which provide for
the protection of children against sexual exploitation and impose stronger
deterrence against the prostitution and sexual exploitation of minors are
in the process of being acted upon by the legislature but they act on it
slower than a snail's pace.  Many groups have reacted that if these bills
had been acted upon with more dispatch, then Ritter, and other pedophiles
like him would have been convicted.

Pedophiles in the Philippines.  The abuse and degradation of Filipino
children is complex and deeply rooted.  The collapse of the Philippine
economy during the Marcos regime necessitated polices which would
generate more income.  Tourism, viewed as an easy way to earn dollars,
was actively promoted, and even became sone of the pet projects of the
then First Lady Imelda Marcos.  The policy was to lure tourists to the
country, at any cost.  But whereas before, when the tourist attractions
were beaches and the famous sunsets, the Philippines was transmogrified
into a sex destination, a pedophile paradise, famous for sun, sea and
sex.  Rampant poverty forced adults and children, male and female, into
prostitution.  These problems are endimic and should have been acted
upon by government years earlier.  In an apparent rebuke the Supreme
Court stressed that pedophiles like Ritter will continue to enter the
Philippines and foreign publications catering to them will continue
to advertise the availability of Filipino street children unless the
government acts and acts soon.

Major source of this article:  Health Alert Issue 115


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