Youth, immaturity solidify victim’s credibility, says SC

The Supreme Court has ruled that the victim’s youth and immaturity serve as strong indicators of the truthfulness and sincerity of their testimony regarding unlawful acts committed against them.

This was stated in a decision written by Associate Justice Henri Jean Paul B. Inting dated 21 October 2024 and uploaded on 5 March, as the SC’s Third Division affirmed the conviction of Resty Laconsay for Lascivious Conduct under Section 5(b) of Republic Act (RA) 7610, the Special Protection of Children Against Abuse, Exploitation and Discrimination Act, after he molested a 14-year-old girl.

Then 14 years old, the victim — whose name was withheld — recounted that she was sleeping at home with her siblings when she woke up and found a person standing at her feet, holding a cellphone.

He pulled down her blanket, touched her foot, and caressed her leg up to her groin. Thus, she shouted for help, causing her assailant to flee.

The victim testified during the trial that the light from the cellphone allowed her to see her assailant’s face. With the help of her sister, who also saw the incident, the victim later identified her assailant as Laconsay, their neighbor.

The allegations were denied by Laconsay, who asserted that he was elsewhere at the time and also argued that the victim’s testimony was inconsistent because she initially told her father that he was not the one who molested her.

Both the Regional Trial Court and Court of Appeals found him guilty of Acts of Lasciviousness under the Revised Penal Code, in relation to RA 7610.

Laconsay’s conviction was affirmed by the High Court, stressing that the victim’s testimony was clear, credible and supported by her sister’s statement.

According to the law, lascivious conduct is committed when an assailant performs lascivious acts against a person aged 12 to below 18.

These acts include intentional touching — directly or through clothing — of the genitalia, anus, groin, breast, inner thigh, or buttocks; insertion of any object into the genitalia, anus, or mouth; bestiality; masturbation; or lascivious exhibition of genitals, all done with intent to abuse, humiliate, harass, degrade, or arouse sexual desire.