A former barangay captain in Talisay City , Negros Occidental, was sentenced to 40 years imprisonment yesterday for raping a special child almost five years ago.

Rudy Insular, former chairman of Brgy. Zone 10, Talisay City , was convicted for raping a then 16-year-old girl and was meted reclusion perpetua by Regional Trial Court Branch 52 Judge Anastacio Rufon yesterday.

The judge also ordered Insular to pay P75,000 to the girl as civil indemnity.

Insular had denied the accusation, saying the girl's family just wanted to extort money from him.

The teenager, whose name is being withheld by the DAILY STAR, told the court Insular sexually-molested her in their house at around 9-10 p.m. on Sept. 12, 2003 , while her two brothers slept beside her, court records show.

She told the court that although she cried, she did not scream when Insular was abusing her out of fear and that was why it took a month before she confided to her aunt what had happened.

Insular, however, said, he did not know the girl until the case was filed against him and that he was visiting the office of a lawmaker at that time.

Rufon, however, noted that the defense failed to notice in its argument that the time of Insular's supposed visit to the lawmaker's office was during the day while the girl said she was molested during the night.

Citing Supreme Court cases, the judge also ruled that a delay in reporting a sexual-abuse does not create doubt on the victim.

The long standing rule is that when a complainant says he or she was raped, the accused may be convicted so long as the victim stands the test of credibility, Rufon said.

He also said that a woman will think twice before inventing a story of rape unless she is motivated by a patent determination for justice.

A psychiatrist confirmed the girl's mental condition while the Talisay City health officer verified that she had been raped, court records show.*PP

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