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SC asked to reconsider dismissal of rape case By MAR-VIC CAGURANGAN
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Posted on Oct 14 1999
A victim of sex crime yesterday asked the Superior Court to reconsider its dismissal of her civil lawsuit against the government and an immigration officer in connection with a 1996 rape incident at the immigration detention cell.
Superior Court Associate Judge Juan T. Lizama last week dismissed the case against the government and immigration officer Tricia Aguon, saying it was barred by the two-year statute of limitation.
Aguon was the immediate supervisor of immigration agent Isidro Cabrera, who was convicted of criminal charges in connection with the rape incident.
Lizama said the plaintiff should have filed her civil complaint on Jan. 23, 1999, or 30 days after the federal court declined jurisdiction over her case.
The plaintiff’s attorney, Joe Hill, disagreed with the court’s computation of the two-year limitation.
The plaintiff’s civil action was originally filed in the federal court following the conviction of her assailant in an separate criminal case.
Hill said the filing of the plaintiff’s civil action at the local court could not be considered untimely because at the time it was filed, the district court had yet to issue a final order on her case.
Hill said the defendants themselves recognized that the federal court had jurisdiction over his client’s case until April 12 of this year.
At the same time, Hill said the Superior Court, in its dismissal order, failed to resolve the question about the plaintiff’s cause of action for negligence on the part of Aguon and the government.
Hill said the defendants were liable to the plaintiff “for the forcible rape and oral copulation by Isidro Cabrera, a government official, in violation of [her] rights to privacy and rights to be secure in her prison.”
“The only prejudice from this case arises from the fact that the plaintiff was raped in the custody of government officials,” Hill said.
“Plaintiff has suffered injury and is entitled to remedy. This court should reconsider its order denying her access to a forum to obtain such remedy,” Hill added.
