Plea Bargaining Yields 4 Convictions from 2 Online Sexual Exploitation of Children Cases in Cebu

LAPU-LAPU CITY, CEBU – Plea bargaining has proven to be an effective strategy to secure justice for victims of online sexual exploitation of children (OSEC) as four women pleaded guilty in two separate cases on Wednesday 24 February 2021.

The first conviction stemmed from a sting operation conducted by the Philippine National Police’s Women and Children Protection Center Visayas Field Unit (WCPC-VFU) on 21 March 2021. The unit was able to rescue two boys and seven girls in addition to arresting three female suspects. All three women were related to the nine children.

Justice came swiftly as the women pleaded guilty last week to several OSEC offences in Lapu-Lapu City. The presiding judge sentenced each of the three offenders to 15 years’ imprisonment and fines of 100,000 pesos (approximately A$2,650) in exemplary damages and 500,000 pesos (A$13,250) in moral damages.

Public Prosecutor Antonio Aseniero expressed his delight in the outcome of the case:

“Raising a child takes a village; at the same time, protecting a child takes a community. This is a testament for the cooperation with law enforcement, the justice system, and Non-Government Organisations such as International Justice Mission.”

The second conviction originated from police investigations on 26 February 2018. The WCPC-VFU caught a woman, Annie*, transmitting child abuse material, offering her 3-year-old son and a 5-year-old girl for online sexual exploitation in exchange for money. Upon implementation of a search warrant, police officers were able to seize several money transfer receipts from foreign sources from Annie’s location.

Annie pleaded guilty to various OSEC offences. The same judge sentenced her to serve 23 years, 1 month and 1 day in prison and to pay a fine of 600,000 pesos (A$15,900). In addition, she was ordered to pay 100,000 pesos (approximately A$2,650) in exemplary damages and 500,000 pesos (A$13,250) in moral damages.

IJM Cebu Field Office Director Atty. Lucille Dejito said: “Every trafficker restrained and convicted meant protection of other vulnerable children who would have been abused if perpetrators continue to exploit children with impunity.  The conviction in these two cases is bringing protection to more children against online sexual exploitation.”

IJM supports plea bargaining as best practice in OSEC cases. A plea bargain, or plea agreement, is a measure allowed by Philippine law that can spare a child from relaying traumatising experiences in open court.

From the start of the IJM’s OSEC program in 2011 through the end of 2019, a total of 76 convictions have been secured – 63 (83%) achieved through plea agreements and 13 by full trial (17%). Plea agreements in OSEC cases have been found to shorten trial lengths significantly, improve prosecution outcomes while still providing meaningful sentences for perpetrators, and protect child survivors from additional trauma.

Notes:

• A pseudonym has been used to protect the identity of the child survivors.
• The Terminology Guidelines for the Protection of Children from Sexual Exploitation and Sexual Abuse, also known as the Luxembourg Guidelines, prescribes the use of the term “child sexual abuse material” or “child sexual exploitation material” instead of “child pornography”, except when referencing the name of statute. Sexualised material that depicts or otherwise represents children is a representation, and a form, of child sexual abuse and should not be described as “pornography.
• Read more about IJM’s recommendations to address OSEC in this report.