Detained American Vietnam war veteran Victor Pearson was sentenced to 80 years of imprisonment for molesting a 15-year-old in year 2000 but yesterday was acquitted of 22 other rape charges filed against him by another minor.

Kabankalan Regional Trial Court Judge Henry Arles said the prosecution failed to meet the exacting test of moral certainty and proof of guilt of Pearson beyond reasonable doubt in the 22 other rape cases. The victim, then 14 years, claimed that she was molested numerous times by Pearson in Brgy. Andolawan, Ilog, from January to August 2001.

The complainant who was working with Pearson as a household helper, alleged that she was warned and threatened to be killed by her employer, if she would tell anybody of her ordeal.

In dismissing the molestation cases against Pearson, Arles said he noted that it took almost seven months for the complainant to report the alleged rape, and it came out only after the police raided the residential compound of the American on Aug. 16, 2001.

While there is no question that there were sexual congresses between the complainant and the accused as it was admitted by Pearson, Arles said there is no evidence that the minor struggled fiercely to free herself from the accused for, otherwise, both of them could have sustained bruises, or scratches at least, as a consequence of the struggle, if there was any.

"The complainant's conduct after the initial assault constitutes incontrovertible evidence that what really transpired was a consensual sexual intercourse," Arles said.

"Sleeping with him (Pearson) in the same bed overnight after sexual encounters and of visiting him at the Provincial Jail after these cases militate against the claim that the accused raped her," the judge also noted.

While the accused can be condemned for immorality for his perversity, Arles said he cannot be convicted for rape.

In August 7, 2002, Arles sentenced Pearson for 80 years of imprisonment after he was found guilty beyond reasonable doubt for raping a 15-year-old minor twice and also ordered him to pay P600,000 in moral damages. The case is under appeal. Pearson is now detained at the Negros Occidental Provincial Jail in Bacolod City.*GPB

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