High Court upholds congressman’s conviction

The Supreme Court yesterday affirmed the conviction of House Rep. Norman Palacios for touching a woman’s private part at a Tinian bar nearly three years ago.

However, while the High Court, as a collegial body, agreed with the trial court’s determination that Palacios was guilty of assault and battery, the justices were split in their opinion. The Superior Court had also convicted Palacios on a charge of disturbing the peace.

Associate Justices Alexandro Castro and John Manglona affirmed the conviction for the High Court, while Chief Justice Miguel S. Demapan dissented.

“The defendant argues that because the brief sexual touching actually hurt the victim and did not arouse or gratify other party, there can be no assault and battery by sexual conduct,” the Supreme Court said in a 14-page judgment.

“It tortures logic to accept the theory that the Legislature intended that those persons who deliberately violate the most intimate physical areas of another person, and happen to inflict pain on that individual, would fall outside the scope of the sexual contact language,” the judgment stated.

The High Court said that evidence showed that Palacios’ action was for the purpose of sexual gratification, saying that individuals do not routinely go around touching the private parts of hostesses that greet them at dining establishments.

Demapan, however, disagreed with the majority opinion, saying that “evidence is not there to satisfy the requirement…[of] sexual arousal or gratification.” He said the case should be remanded to the trial court for resentencing.

Palacios had argued that touching the woman for “less than a second” does not conclusively establish that the action was intended to gratify sexual desire.

His lawyers had said that the intention for sexual gratification is an essential requisite to establish sexual contact as defined by the Commonwealth Code. The code penalizes sexual contact with another without the latter’s consent. The felony falls under the scope of assault and battery.

Court records showed that Palacios touched the private parts of a waitress at the Port of Call Bar on Tinian sometime in November 2001, after the woman greeted the congressman and other guests as part of her job. Palacios touched the woman when she went to his right side.

“Defendant then walked in front of her and reached down with his right hand and placed the top half of the palm side of his hand on her [private parts]. He touched her hard and removed his hand within seconds. He then proceeded to his table and sat down beside his guests,” the Supreme Court noted.

It noted that the incident offended the victim, who became visibly shaken and was crying right after it happened. She immediately called her relatives for help, who responded and accompanied her to the police.

Although the maximum prison term for conviction on assault and battery for non-consensual sexual contact is one year, Palacios was placed under probation and was tasked by the trial court to perform 100 hours of community service as part of its conditions.