COMMENTARY: Coverage of the Subic rape case – A Trial Becomes a Telenovela

COMMENTARY
By Rachel E. Khan
Coverage of the Subic rape case
A Trial Becomes a Telenovela

The coverage of the ongoing trial of the Subic rape case is two-edged.

On the one hand, the persistent coverage of the trial, especially at the onset, served to pressure both the Philippine and US governments to allow due process against the four Marines accused of raping a 22-year-old Filipina.

On the other hand, the coverage, which began as a news story, soon evolved into a spectator sport, a telenovela or—at its worst—an orgy of the news.

The lack of sufficient government support, especially during the preliminary investigations, showed dangers of a whitewash.

Such signals were transmitted by no less than Justice Secretary Raul Gonzalez, who was quicker in making disparaging remarks about the victim and her mother than seeking the custody of the accused.

Much like the cases of the slain journalists, sustained media coverage of the Subic rape case is necessary in the pursuit of justice for the victim. Like the cases of slain journalists, the culture of impunity reigns despite the passage of Republic Act 8353 in 1997, which redefined rape as a crime against the person and therefore becomes no longer a private crime against chastity, but a public crime. In fact, not a single rape victim has won a case in this country under this 9-year-old law.

Graphic details
The need for continued coverage, however, does not give the media the license to exploit the reportage for their own commercial ends.

The coverage of the court hearings has gone beyond “the people’s right to know” in detailing the circumstances of the crime. The testimony of “Nicole” and the witnesses are often reported in graphic detail, complete with lurid headlines that call attention to them. For example, the June 23 headlines in most newspapers read, “DNA in panties, condom matches Nicole’s” while the July 7  stories had Nicole’s blow-by-blow account of the rape, with some papers carrying a kicker that quoted “Nicole” as saying, “The next thing I remember, someone was lying on top of me…”

Reporters had a field day on June 30 even as they related the testimony of Dr. Rolando Ortiz, who had graphically described Nicole’s injuries.

Who needs porn when you can now get it from your mainstream newspapers?

Journalists have to keep in mind that rape is not “just another crime” and must not be covered as such. It is intensely personal, its violence inescapably intimate. By forcefully penetrating a victim’s body, the rapist robs the victim of what she values most, her dignity. Thus, when it is replayed with callousness in the news, it victimizes her all over again.

Unchallenged myths
In the coverage of the Subic rape case, media tend to reinforce the old myths about rape: “A raped woman is framed socially and within the law as something broken. Neither Madonna nor whore but somewhere in-between. There is a general but grudging acceptance that it isn’t really her fault, but if she had done something else, gone another direction, not had that drink or worn that dress or smiled that way, it might never have happened…”

In her book, Virgin or Vamp: How the Press Covers Sex Crimes, Columbia University journalism professor Helen Benedict noted that media tend to reinforce certain myths about rape. In the case of the Subic rape case, the following myths apply:
• rape is sex;
• women provoke rape;
• women deserve rape; and,
• only loose women can be raped.

Rape is sex. Benedict noted that interchanging the word “sex” with the word “rape” ignores the assaultive aspects of the sexual assault and instead focuses on its sexual aspects. By doing so, it implies that the victim is unharmed by the crime.

Women provoke rape. Just looking at the blogosphere, one would find some sites that actually blame “Nicole” for being at the wrong place at the wrong time. Benedict noted that there is still a prevailing tendency for public to blame it on the woman and this can be exacerbated by media reports. However, Benedict argues that “rape is a crime of opportunity: the victim is chosen not because of her looks or behavior, but because she is there.”

Women deserve rape. In this myth, women are seen as behaving “carelessly prior to the crime” and thus, as noted in the previous myth, it is the woman’s fault for “enticing” her perpetrator. According to sources close to Nicole, she was very much affected by the headline that said, “Nicole wanted more sex.” Apart from being partial to the suspect, such a statement highlighted in the headline paints a false and derogatory picture of the victim, who is also traumatized by the event.

Only loose women can be raped. Stereotypes regarding sexual assault claim that women would not be raped if they did not act in a loose manner and provoke the attack.

Respect
Because these myths are already ingrained in the public consciousness, there is always a tendency for the defense to use this to spin the hearing in their favor. So that the media do not fall into the trap of trial by media, journalists need to be careful of their depiction of both victim and suspect.

Media’s proper role should be to break down these conventional beliefs. It can achieve this if coverage of rape crimes focused on the ability of the victim to “consent” to the sexual act rather than the “act” of rape.

Because of the stigma that rape carries, the privacy of the victim should be respected at all costs. In this case, the victim was merely dubbed as “Nicole” to protect her identity. But the naming of her half-sister in the reports would enable the townspeople of Zambales to identify her.

Whether it is rape or another traumatic event, journalists should realize that their coverage can contribute to a post-traumatic stress disorder (PTSD).

PTSD is a psychological disorder affecting individuals who have experienced or witnessed profoundly traumatic events, such as rape. Even after a long period after the traumatic experience, PTSD can be triggered when faced with the event again, such as having to recall it in the courtroom or reading about it in the newspapers. It is characterized by recurrent flashbacks of the traumatic event, nightmares, irritability, anxiety, fatigue, forgetfulness, and social withdrawal.

Instead of being overly focused on the rape trial, the involvement of US Marines should spur media in bringing out a more thorough discussion on the Visiting Forces Agreement. n

Rachel E. Khan teaches journalism at the University of the Philippines and chairs the Department of Journalism.

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