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Karen's vendication- ist case brought to Cedaw from the Asia Pacific and the first ever rape decided under the Optional Protocol

Karen V. was a victim of rape last 1996 by a "prominent"businessman from her place.She at once tell her usband of what happened to her and at once they went to a medical examiner within 24 hours and within 48 hours it was reported to the police and filed a complaint against the rapist.She endured the trial for eight years and never gave-up and lost hope even after the acquittal of the rapist last year 2005,it's because under the P.I.law she and her lawyer could no longer appeal the verdict since the offender was protected against double jeopardy.Since she can't find justice under P.I.legal system she seek the United Nations Committee on the Elimination of All forms of Discrimination against Women(CEDAW)which considered the "communication"that was submited by Karen and her lawyer under the Cedaw "Optional Protocol" that states-a woman may bring before Cedaw a complaint of gender-based discrimination provided she can prove she has exhausted all possible legal means to obtain justice in her country.Karen and her lawyer pointed out and argued that the P.I. government had failed to protect her rights & discriminated against her 'coz the government had failed to sufficiently orient the judiciary on the nature of rape and tolerated the existence of insufficient and confussing laws on rape because the judge who handle Karens case based her decision on "myths"that govern rape including how a rape victim "should"react,despite the expert testimony of the psychologists on post-traumatic stress disorder.
In its decision,more properly termed "Views,"the Cedaw Committee found that the P.I.violated Karen's rights under the convention.It recomended that the government provide Karen "appropriate compensation commensurate with the gravity of the violations of her rights"and to undertake specific measures to address problems in legislation,rape prosecution and court practices that discriminate against rape victims. (Taken from "At Large" of Famous Rina Jimenez-David,PDI,Opinion,24 Sept.2010

Comments

God is always watching nearby,gives us His grace and Love and whatever problems,our pains,God is there to support and protect Us always.
As much as Karen deserves this belated vindication so does her daughter(preschooler when the events befell her mom),son,husband and all others whose lives were forever changed by the crime.

After the Cedaws' decision of the rape case,women now who go on public with their complaint of rape need no longer prove that they "struggled" loudly and physically with their rapist or that they led blameless lives.

SAsong's picture

Wow

It's incredible to only imagine the ordeal she must have gone through for years, believing in justice inspite of a system that had failed her.

Thank you for sharing :-)

Adelma A.Linatoc's picture

Stay Strong !

Dear Sasong,
Hers' is like a very wide open sea,which you cannot see the end point.The endurance and her hopeful disposition lead her to continue fighting for her cause.I do believe that God didn't promise us a life where we would never fall,but He assures us of a life where we can rise everytime we fall. . .
Let's always stay strong !

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