Martinez, Renmark D.

CE-1301

Individual Case Analysis No. 1

CASE STUDY

SITUATION: A 15-year-old maid came up to your door with a ragged and wrecked physical
being. “I was raped and molested by my boss, the Police head of the department near here,” she
said. And you were the only person that she talked about her problem with. What would you do?

To further identify and investigate the scenario given, facts should be the essential thing to
apprehend. Identify the most important facts that could be able to support your stand. The party
needs to separate each case to examine the contending parties, the activities taken by each party,
the ideals espoused by each party's actions, and the legal justifications for each party's actions. In
the given situation, the facts that I have gathered is that a 15-year-old maid approached my door
and told me that she was raped and abused by her supervisor, who is the Police Head in the
department near my place. She told me furthermore that I am the only one whom she revealed such
knowledge with. Moreover, the facts involved are the girl who was allegedly raped, her boss who
is a department head of the police who raped her, and myself whom she shared the information
with.

With the given information above, the ethical issues arise is that the girl is sexually harassed
by her boss. Sexual harassment does not have to include solicitations for sexual attention given
under the threat of negative job repercussions if the employee does not comply. Victims of
molestation are not expected to present that they had been refused employment, denied a
promotion, or fired as a result of their unwillingness to engage in lewd behavior. This sort of
harassment, wherein the person endures substantial financial loss as a result of refusing to succumb
to sexual demands, is simply one aspect of sexual misconduct, although a very apparent and brutal
one. Considering the fact that the girl is still minor and was working under the environment where
her safety is endangered, this ethical issue is somewhat prohibited. Children are more exposed to
employment dangers than adults are because their bodies and minds are still developing, and the
repercussions of dangerous work are frequently more catastrophic and long-lasting for them. Due
to the fact that children are still developing, they possess unique traits and demands, and when
considering occupational potential hazards, their impact on a child's physical, intellectual,
behavioral, and psychological growth must always be considered. They should be always guided
by their guardian because they are vulnerable in unexpected situations and immoral doings of
others. Additionally, this situation falls under the violence against women and children wherein
the Government declares that it respects the integrity of children and women and assures their full
protection under the law. Additionally, the law supports the need for more safeguarding the
household and its individuals, especially women and children, against abuse and threats to their
personal safety and security. With the ragged and wrecked physical being observed, it can be
distinguished that violence is presumed. On the other hand, the ethical issues on the side of the
suspect is that he used his power to oppress someone who’s powerless and vulnerable.
Consequently, he works in a public office where public trust is accountable. The concept of public
trust refers to the idea of how certain members of society are entitled to have exercise privileges
and a position, with the assumption that they might prioritize the interests of the public over their
own. At all times, public authorities and staff must've been beholden to the electorate, serving
people with the utmost responsibility, integrity, loyalty, and efficiency; behave with patriotism and
justice; and live humble lifestyles.

Taking into account, in every situation principles of humans must be liable and taken into
consideration. By this who was raped, her rights as a human and employee were deprived. The
first principle is her to seek justice for the immoral things that her boss did to her. Since, access to
justice is a fundamental human right, and violations of that right are a frequent topic of discussion
for volunteer lawyers. The principle of universal access to justice ensures that any person whose
rights or freedoms are violated has an effective remedy and that any person claiming such a remedy
has his right to it determined by competent judicial, administrative, or legislative authorities, or by
any other competent authority provided for by the State's legal system. Where access to justice is
restricted or legal aid is unavailable, the value of social welfare counsel is self-evident. Each
member of the legal profession's willingness to work without compensation or reward can
contribute significantly to closing the access to justice gap in their particular jurisdictions. Privacy
is a fundamental human right, and its protection is critical to the survival of democratic society. It
is necessary for human dignity, strengthens other rights such as freedom of expression and
information, and association, and is recognized under international human rights legislation.
Activities that violate the right to privacy, including surveillance of communications, can be
justified only if they are mandated by law, essential to accomplish a legitimate goal, and reasonable
to the objective pursued. And for the police head, his principle of protecting and to avoid and
combat crime, chaos, and injustice perpetrated by powerful/political groups, abusive troops and
police officers, dictatorial police officers, and a decrepit society for the nation and such crimes has
been extraneous. He may use physical force only when persuasion, advice, and warning are
deemed insufficient to execute the law or restore order, and shall use the least amount of physical
force necessary on any given occasion to accomplish law enforcement objectives and not on
something abusive. They must acknowledge that the republic's consistency, sovereignty's
continuity, and democracy's strength are contingent upon a law enforcement that is perpetually
aware of the delicate balance among civil liberties and national sovereignty; perpetually vigilant
against the dangers of extralegal or immoral procedures; and never willing to compromise basic
premise in favor of immoral act to accomplish desired consequences.

The available alternatives that can be used in line with this case is that the victim should
file a case against his boss. By the following collected evidence she could tell the authorities, it
might help in filing the case. On-scene actual evidence is something physical that demonstrates
the commission of a crime or establishes a connection between the crime and the victim and/or the
offender and the victim. Nonetheless, physical proof collecting needs an investigator first to
identify it. Additionally, evidence's usefulness in court is reduced unless investigators take care to
gather, store, and analyze it appropriately. The evidence she might prepare is the following: She
should consult a doctor, especially an OB-Gyne to assess if someone molested her and pestered
her private part. Photographing the bruises and the ragged clothes which could be essential in
determining the case is important to be documented. And ask for medical certificates to further
ratify the evidence hoarded. Another, by evaluating her psychological being if she was traumatized
by the immoral things that her boss did to her. In addition, checking and investigating if the suspect
has past cases and sexualizes other people and giving them the freedom to speak and to disclose
their experiences to deploy the suspect in the cell. Another, as a stranger who’s guilt and
conscience is for the ones who’s in danger, this case will be reported in the nearby police station,
not the police station that his boss had but in another, to seek justice and put the blackguards in
prison. But, if the victim remains silent and doesn't disclose her experience to the authorities
because she is scared of her safety and if the police head, which is her boss, has connections to
higher-ups that might turn her fights into lies, I'll respect her decision because it is her life.

With the given alternatives above, these are the things that might help her to seek justice
and provide herself the freedom to fight against the wrongdoings of others. These alternatives are
the underlying steps she could use against the suspect. If the victim wants to obtain the justice she
wants, therefore, the principle of seeking justice will be fathomed and performed. Justice is a
central human judgement in the fields of politics and government. While political and legal
institutions that uphold law and order are essential, they cannot do so without also upholding
justice. And as people, we should always seek justice for the common good. And if she will do
and pursue the right thing, which is filing a case, she will disclose her experience and have no
choice but to spit that all out associated with the principle of privacy and confidentiality. And if
she did not want to participate in the investigation, authorities would be left with no choice but to
willingly wait for the oppressed to be ready to share her history because that’s her right to remain
silent and right to tell the truth at the right time when she’s ready.

The possible consequences that she might deal with these alternatives will be based on the
decision she will be doing on the note. These could lead to having good and bad sides wherein a
lot of things might happen. But on the bright side, if she is willing and has the courage to speak up
and fight against the suspect, justice will prevail and the oppressed will achieve the freedom and
assurance that this will not happen again in the hands of the suspect nor on other people. When we
are wronged or witness others being victimized, we all have a desire for justice. When this urge is
triggered, we may become quite vocal and aggressive, complaining about the culprit and
requesting that they be punished or that justice be delivered in some other way. On the other hand,
the fact that the suspect is the head of the police, things might turn upside down. He is a public
officer that has many connections with, and does not want to confer their lawlessness and fortifies
their name. They have the opportunity to influence the case and develop ties within that may aid
them in evading the consequences of their actions. It would also cause the victim so much that
would turn this incubus into a public figure that everybody adores and looks up to. Since we do
not know what’s going on inside the station, we are not yet sure what these police can do to unstain
their blue regiments and their names.

Frequently, this involves the violation of values or laws that we see as inviolable. The
imagined demand for justice then arises as a result of the sensed outrage. The desire for justice can
be perceived as fiction and fantasy in dramas and films, where protagonists and heroines
administer swift vengeance in often illegal methods. We identify with such individuals because
they embody what we wish to accomplish but are unable to do because of our consciousness or
dread of repercussions or punishments. The decision I will make is based on the pronouncement
of the victim whom she trusted and shared her nightmare in the hands of the oppressor. If she will
fight them, I’ll give my full support to attain the justice she wants. It is something that conscience
will bother me if I don’t help her. I shall be the one to safeguard and maintain the statement she
made to me. I shall accompany her throughout the procedure and whatever decisions she may
confront. Additionally, I will convince her to contact her family and inform them of her ordeal.
The family must always take precedence over all other considerations, particularly when it comes
to definitive proceedings against children. I shall give her the assurance that her secrets are safe
and will not be disclosed to anyone. If her parents are not available, I’ll call the authorities to seek
help but with her consent if she is pleased to do so, like the Department of Social Welfare and
Development (DSWD) which is responsible for the children who’s abused and have no power.
Subsequently, I'll consult with a lawyer and request the necessary actions to assist us in the case.
A human rights activist might be extremely beneficial as we approach institutions for assistance.
I'll let her into our house immediately once she informs me of her condition and console her so she
doesn't envision herself in a war alone until she will get justice and make herself cope up with the
trauma given to her by the situation. Recognize how people seek justice and avoid being their
target by never violating fundamental norms in an angry manner. Persuasion may arouse others'
sense of fairness. On balance, I’d take all the ways I could in order to surpass and make her achieve
the justice she wants and will never judge the decisions she will make because it's her choice and
will respect it.