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