Manila: The Supreme Court (SC) has upheld the life imprisonment sentence of an Australian national and a Filipina found guilty of recruiting minors for prostitution, pornography, and sexual exploitation.
According to Philippines News Agency, the SC's Second Division affirmed the conviction of Peter Gerald Scully and Carme Ann Alvarez for qualified trafficking under Republic Act (RA) 9208, also known as the Anti-Trafficking in Persons Act of 2003. The case stemmed from an incident on September 19, 2014, when Alvarez lured two young girls, aged nine and 12, from a mall by offering them food and promising more if they accompanied her. She subsequently took them to a house where they encountered Scully.
Once at the location, Scully provided the minors with alcohol, coerced them to undress, and took nude photographs of them. Scully and Alvarez then sexually exploited the girls while documenting their acts using a laptop. The girls managed to escape four days later and immediately reported the crime to the police.
The Regional Trial Court (RTC) and the Court of Appeals had previously convicted Scully and Alvarez, leading to their appeal before the SC. Scully and Alvarez argued that their actions did not constitute trafficking, claiming that they abducted the girls to satisfy their own lust, not for others. They also contended that no pornographic material was presented as evidence and alleged that the RTC violated their constitutional right to be heard, as they were unable to present their defenses.
The SC denied their appeal, finding that all elements of trafficking under RA 9208 were clearly met. The court emphasized that trafficking involves recruiting, transporting, or transferring individuals under threats, coercion, deception, or abuse of power for exploitative purposes such as prostitution or forced labor. The crime is classified as qualified trafficking when the victims are minors, which carries a life sentence.
The SC clarified that the essence of trafficking is the act of recruiting or using, with or without consent, another human being for sexual exploitation. It is sufficient that Scully and Alvarez were proven to have lured, enticed, and transported their victims for such purposes. Their constitutional right to be heard was deemed not violated when they failed to present their defense before the RTC, as their lawyers repeatedly requested trial postponements which were granted by the court.
Ultimately, the SC ruled that courts do not have to wait indefinitely for the accused to present their defense, especially when ample opportunities have been provided. Scully and Alvarez were sentenced to life imprisonment, fined up to PHP5 million each, and ordered to pay each victim PHP600,000 in damages.
