Dear Atty. Angela,

I am doing a volunteer work for a non-governmental organization for traumatized female and children. I met a victim of a sexual abuse and trafficking case. She is a 15-year-old girl and was arranged by a male predator to become a prostitute, to engage in sexual intercourse for money. The man was arrested and charged with qualified trafficking in persons. In his defense, he is claiming that the minor female was known in their place as a prostitute and gave her consent in all sexual dealings. Does the minor female victim still has a strong case against him?

Liza

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Dear Liza,

Yes, the male predator can be held liable and convicted for the crime of child trafficking.

In the case of People v. Adrales, G.R. No. 255368 (2024), the Supreme Court found that the elements of trafficking under RA 9208 were met in this particular case.

The Court highlighted that trafficking occurs when individuals are recruited, transported, or transferred —regardless of consent or knowledge -- under threats, coercion, deception, or abuse of power for exploitative purposes such as prostitution.

The crime is classified as qualified trafficking when it involves minors, which carries a life sentence.

The Court found that the prosecution proved that Adrales befriended AAA and recruited her for prostitution. He took advantage of AAA’s vulnerability, offering her money in exchange for engaging in sexual activities with different men. Adrales was with AAA before, during, and after the sexual encounters for which both of them were paid.

The Court also dismissed Adrales’ defense that AAA was already a prostitute even before he met her. Under the sexual abuse shield rule found in Section 30(a) of the Rule on Examination of a Child Witness, evidence offered to prove that victims engaged in other sexual behavior or their sexual disposition is NOT admissible in any criminal proceeding involving child sexual abuse.

The sexual abuse shield rule aims to protect victims against invasion of privacy, potential embarrassment, and sexual stereotyping that happen when intimate sexual details are disclosed in public. This protection also encourages victims to speak up against their abusers.

Atty. Angela Antonio