Filing a Sexual Harassment Case After a Delay in the Philippines

Question:

I have been sexually harassed at a party last year by a friend. I was unable to report it immediately due to trauma and fear. I've now gathered the courage to file a case against him. Is it too late to do so given the timeframe?

Answer:

Statute of Limitations:

The first thing to consider is the statute of limitations, which varies depending on the specific charge. For instance, under the Anti-Sexual Harassment Act of 1995 (R.A. 7877), a complaint should be filed within three years.

Criminal and Civil Cases:

You can file both a criminal and a civil case. Criminal cases would fall under the Revised Penal Code, where acts of lasciviousness and rape have different prescription periods.

Importance of Evidence:

The delay may affect the quality of evidence. Physical evidence may no longer be available, and witnesses may not recall events clearly. However, text messages, emails, or any other form of communication that can substantiate your claims may still be useful.

Psychiatric Evaluation:

A psychiatric evaluation can be a crucial piece of evidence to corroborate your delay in reporting due to emotional and psychological trauma.

Affidavits and Witness Statements:

Affidavits from yourself and any available witnesses should be prepared and notarized. This will help solidify your case.

Consult a Lawyer:

It's crucial to consult a lawyer specializing in sexual harassment or sexual assault cases. They can guide you on the best way to proceed given the specific circumstances.

Summary:

Although there may be some challenges due to the delay, it is generally not too late to file a case, especially if you act promptly from now on. Consulting a lawyer should be your first step to know your best legal options.

Note: This article is for informational purposes only and should not be construed as legal advice. For specific advice tailored to your situation, consult a qualified attorney.