R.P.B. vs. The Philippines, CEDAW/C/57/D/34/2011, Communication No. 34/2011

R.P.B. was 17-year old deaf-mute girl who reported that she was raped by her neighbor. She was not provided with sign language interpretation during the trial, and was only given the opportunity to testify after two years. Three years after the trial, or five years after the rape, the accused was acquitted. The court relied on rape myths and gender stereotypes in its decision. The court said that the victim must have used all conceivable means to evade or resist the perpetrator’s advances and her struggle must be evidenced by, for instance, torn clothing. The court also relied on the myth that only physical force or the use of a deadly weapon can negate the victim’s consent to the perpetrator’s advances. Furthermore, according to the court, a Filipina rape victim "summons every ounce of her strength and courage to thwart any attempt to besmirch her honor and blemish her purity." R.P.B., in her application under the Convention on the Elimination of Discrimination against Women, argued that the court's actions violated the Convention. Furthermore, the court failed to consider her age and disability. The Committee recommended that the State give reparation and compensation, free-of-charge counseling, and barrier-free education with interpretation to R.P.B., as well as to review the existing law to remove any requirement that sexual assault is committed by force or violence, so as to place lack of consent at the center. Moreover, it called on the Philippines to provide free and adequate assistance of interpreters and training for the judiciary on the Convention.