The Commission on Human Rights is deeply concerned and alarmed by the victim-blaming and gender stereotyping amid the investigations in the killing of Christine Dacera. These acts disrespect the victim and cause further anguish to her family. Similarly, the alleged perpetrators who are members of the LGBTQI+ community are negatively affected.
As the Gender Ombud, the Commission takes this occasion to reiterate that victim-blaming is unacceptable, especially in cases of gender-based violence. Instead of responding to the act of violence in this case, as well as addressing the root causes of the human rights violation, victim-blaming is a violation of a woman’s dignity and shifts the focus of the investigation on what the victim wore, the company she kept, and the places she went to. It trivializes the violence and demonizes the woman, as the blame cast on her creates the perception that “she had it coming,” making her unworthy of protection and remedies. It must be remembered that the crux of gender-based violence cases are the acts of violence committed by the perpetrator, and never the character of the woman. We must all strive to stop victim-blaming.
Undeniably, rape is a grave and serious human rights violation requiring urgent and immediate response from the State. The UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Committee require no less than the exercise by State authorities of due diligence in responding to all cases of violence against women. In investigating and discussing circumstances surrounding an alleged case of rape, all forms of victim-blaming are unacceptable. We remind the public that victim-blaming and reliance on gender stereotypes impact access to justice. These ultimately deny women protection from violence.
As the Commission continues to monitor the circumstances surrounding the death of Christine Dacera, we note the rampant gender stereotyping against the alleged perpetrators. Some of the alleged perpetrators came out explaining their side, including revealing their sexual orientation. This has led to comments like ‘kahit bakla yan, may instinct yan… Lalo na if under the influence of intoxicating alcohol,’ intimating that men, regardless of sexual orientation, would prey on women once drunk. This normalizes predatory sexual behavior of men, dismisses diversity of sexual orientation, and digresses from the task of properly inquiring into a case of gender–based violence. Statements like this, especially if they come from State authorities, show utter lack of sensitivity and understanding on issues pertaining to sexual orientation and gender identity. While it is true that the crime of rape can be committed regardless of the sexual orientation of the perpetrator, in this particular case, the premature announcement of rape and murder is simply irresponsible and reckless.
A thorough investigation of the case before coming out on media would have prevented all of these. If rape was indeed committed, then the same must be addressed and justice must be served. However, later reports of the police tend to cast doubts about the commission of rape. If the initial report did not jump into a hasty conclusion that it was a “rape-slay case,” the otherwise private lives of the victim and the alleged perpetrators would not have been thrust to the limelight. There would have been no need to talk about Christine’s actuations. There would have been no need for the alleged perpetrators to disclose their sexual orientation in desperation to defend themselves. Justice is achieved by bringing the true perpetrators to account, and not by pinning down persons of interest who may later on turn out to be innocent for the sake of having someone to blame.
In all cases where human rights violations occur, the State is mandated to conduct a thorough, prompt, effective, and impartial investigation. In this case, the determination of the real circumstances surrounding the death of Christine Dacera remains wanting. As we seek truth and justice, the Commission reminds everyone that true justice rests on the respect for all persons involved in the incident. Justice will never be delivered without due process and the rule of law. ###