12
February
February
Philippines wants custody of US Marine
No comments Posted in: UncategorizedTagged with legal, neptune bar, prostitution, social, subic, ucmj
Basically, no-one even said it was an act of aggression or threat or even mean spirited. The girl even admits she was never pushed around of otherwise injured. But……… on a technicality, ANY sex is considered rape if one of the people is intoxicated.
Article 266-A. Rape: When And How Committed. – Rape is committed:
- 1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:
- a) Through force, threat, or intimidation;
- b) When the offended party is deprived of reason or otherwise unconscious;
- c) By means of fraudulent machination or grave abuse of authority; and
- d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.
2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.
There are entirely too many articles about this, so here’s what I got out of it:
- The sisters were from Zamboanga City and the one in question claimed to be a college grad, knew a lot of US military servicemen, and already had a Marine boyfriend based in Okinawa.
- Another marine, friend of her boyfriend, invited the girls to Subic with the boyfriend’s knowledge. ( is this where we stop calling him a boyfriend and change it to ‘sponsor’?)
- The girls went with the knowledge that all their expenses would be paid for.
- The bar in question is Neptune Bar and the doorman offered the guys to get the house-girls for half-price barfines. Yes, it was that type of bar.
- Both boy and girl admit to having sex in the back of the van with the other guys cheering them on.
- The driver later claims his rape statement was false and forced by the police.
- The RP Supreme Court now says that the US Embassy can only hold him in custody while under trial. They held a trial, found him guilty, and want him in their own jail now.
UCMJ (military courts) has been cracking down on soliciting prostitutes in the past few years just to keep things like this from happening , going so far as to arrest and jail a US AirForce Security Force guy for keeping a copy of some sex-tourism brochure on his Yahoo profile. They investigated so far as to sign up for membership on a certain sex-tourism site to track his activity…. where he admitted to his RP exploits and for some reason left enough info to identify himself. They also got access to his Yahoo account without needing any court-orders.
But I also found this…explains why those arrested here recently were called ‘vagrants’. But… um…. look at the highlighted sections. whoops!
Revised Penal Code Article 202
Vagrants and prostitutes; penalty. — The following are vagrants:
- 1. Any person having no apparent means of subsistence, who has the physical ability to work and who neglects to apply himself or herself to some lawful calling;
- 2. Any person found loitering about public or semi-public buildings or places or trampling or wandering about the country or the streets without visible means of support;
- 3. Any idle or dissolute person who ledges in houses of ill fame; ruffians or pimps and those who habitually associate with prostitutes;
- 4. Any person who, not being included in the provisions of other articles of this Code, shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose;
- 5. Prostitutes.
For the purposes of this article, women who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct, are deemed to be prostitutes.
Any person found guilty of any of the offenses covered by this articles shall be punished by arresto menor or a fine not exceeding 200 pesos, and in case of recidivism, by arresto mayor in its medium period to prison correccional in its minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court.
(sic – those misspellings were in the governments own online copies. I just cut-n-paste)
So… I can think of some people classified as vagrants. Does this mean I have to get a job?
And the ‘profit’ part? Does that mean that all these girls that will exclusively date/relationship with only foreigners – in the hopes of marriage, looks like thats technically illegal as well if dude has nothing more than a 1st world passport.
2 Responses
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I was going to post something about this on my site….. but I shouldn’t. Glad you did.
First thing – I don’t believe in rape. I don’t condone it. I don’t think this was obviously the case. They were prostitutes (no surprise)looking for an extortion type of payday. When she didn’t get the money she was asking for, she yells rape. Look at the different versions of the story and the witness accounts. It was agreed upon. If this happened back in the US, the truth would have eventually came out in court. This has a Kobe Bryant flavor to it.
I have noticed that’s how the Philippines operates. Automatically guilty as a foreigner, until proven innocent, then still guilty in the public’s eyes. This is a modern day witch hunt on a US soldier. “They” are always out to put blame on everybody else but themselves.
So once again, I don’t believe in rape….. and this was not a rape case.
Feb 12, 2009 at 2:56 PM
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So 13 isn’t rape? What’s the age of consent then?
Feb 20, 2009 at 5:22 PM