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Filed: Timeline
Posted

Sorry. I've been a long time member here, but made a new account for this topic. I really don't want to bring any judgement to my wife from people she knows on this site.

My wife came on a K1 visa from the Philippines. We've been married almost two years. Things are great for us, but now her family has an "emergency".

Last week we learned her 20 year old brother got his gf pregnant in the philippines. They have been dating for maybe 6 months. Not too surprising. My wife was very upset with him.

Today we learned he is now in jail for statutory rape. I guess the girl is only 16. Just figures. What an idiot. In no way do I condone what he has done. I figure, if he is breaking the law, then he deserves to pay.

I also learned that the gf's family will drop the charges if they are paid 100k pesos. Apparently, they know about my wife and me. This will never happen. In no way will we pay for his mistake.

How can this be, I wonder? Here in US, the district attorney presses charges, not the parents of the gf. Even if they were paid off, how would that affect the charges. I believe this is extortion. So I looked at the PH laws. Age of concent is 12 yrs old, but I read something about going through congress to change to 16 years old. I don't know if it did or not. Either way, this is not statutory rape.

What do you think is going on here? Do you think the parents and the police are both trying to extort my wife's family (mainly me, since they are very poor)? I won't pay a dime, but I also don't want him going down when he didn't really commit a crime. Stupidity is not a crime.

Does the Philippines have court appointed attorneys for someone who can't afford one? What should I suggest his family do?

Filed: Timeline
Posted

Thanks. This helps. I will pass the link onto the family.

I wonder how they determine income. He has none. Only his sister there works, and his sister here works, and of course, we send money each month. They are renting. It looks like the cut-off is only 13k or something. Wow, that's pretty low. Will they include his sister(s) income or the money we send?

I learned more information. The charges are sexual abuse and abduction. Bogus. Apparently the girl told her dad, packed her bags and went to my wife's family's house. My wife's dad asked why she had bags and she said her dad told her she had to live there because she was pregnant. Her dad then shows up with the police and they want money. Since they have no money, they took my wife's brother to jail. I can't believe the corruption.

Posted

I read your post and after living here for many years will tell you that these kinds of things happen all the time. This is not the US, the laws and the ways they are enforced are different here. Chances are that if the parents didn't see any money from this they would have just pressed for the two of them to get married. In this country it is up to the injured party to bring charges, the police do not do it. Your relative can probably get a court appointed attorney but you have to realize that cases here take years and he's going to sit in jail until it's done. The one hundred thousand that they asked for is just the opening price, it is negotiable. People get out of murder charges for less than that. If the other family is also poor they may not have the funds to keep the case going and it would be dismissed in the end. In my opinion you need to make it very clear to the other party that you will not be involved and there will be no money coming from you. They may hold fast for a bit to see if you really mean it and once they figure out that you do everything will change. If they do have plans for marriage that also would change things. My advise would be to stay out of it, as bad as it seems now, you could make it worst by getting involved. I would let the girl work on her family, chances are she loves the kid and wants to be with him since she packed her bag and went to him in the first place. They see some dollar signs now but that may change in short order once they know your not going to get involved.

Filed: Timeline
Posted

I read your post and after living here for many years will tell you that these kinds of things happen all the time. This is not the US, the laws and the ways they are enforced are different here. Chances are that if the parents didn't see any money from this they would have just pressed for the two of them to get married. In this country it is up to the injured party to bring charges, the police do not do it. Your relative can probably get a court appointed attorney but you have to realize that cases here take years and he's going to sit in jail until it's done. The one hundred thousand that they asked for is just the opening price, it is negotiable. People get out of murder charges for less than that. If the other family is also poor they may not have the funds to keep the case going and it would be dismissed in the end. In my opinion you need to make it very clear to the other party that you will not be involved and there will be no money coming from you. They may hold fast for a bit to see if you really mean it and once they figure out that you do everything will change. If they do have plans for marriage that also would change things. My advise would be to stay out of it, as bad as it seems now, you could make it worst by getting involved. I would let the girl work on her family, chances are she loves the kid and wants to be with him since she packed her bag and went to him in the first place. They see some dollar signs now but that may change in short order once they know your not going to get involved.

Thanks for the info. I believe the other family is poor too, so chances are the case will be dropped after he sits in jail for a while, assuming the family doesn't pay them off. Serves him right. Hopefully it won't be too long. My wife and I have no plans on getting involved. Getting involved will only make things worse.

My wife's family, however, is doing whatever they can. My wife said they were at the jail all night giving food to the police so that he doesn't get hurt while in there. He is a very small guy. Hopefully he'll be okay.

I also heard that one of the sisters was considering selling some stuff in order to gather money. Maybe with that, and settling for less money, they can clear things up. If it were me, however, I would do nothing. But I also know how they feel about doing whatever is needed for family. I can't blame them, or get in their way.

Posted

20 and 16? i think thats perfectly legal in the philippines so something else seems up, are you sure its not a lie??? Or maybe more to the story?

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Filed: Timeline
Posted (edited)

20 and 16? i think thats perfectly legal in the philippines so something else seems up, are you sure its not a lie??? Or maybe more to the story?

We have a pretty good relationship with my wife's family. Also, after so many years of knowing them, I can trust what they say. Believe me, if there were any signs of red flags over these years, my trust would not be the same. Besides, my wife is in constant contact with them. We know what is happening. Know one is asking us for money. Only the other family has asked so far.

I believe 20 and 16 is acceptable in the philippines, but it is not neccessarily legal. It really depends on if someone pushes the issue. After reading the laws more, any adult that influences a minor under 18, is at risk for a charge for sexual abuse.

Update: The other family and gf have given their statements. As we were hoping, the gf stuck up for my wife's brother, saying how she loves him. She even shows that she is married to him on here FB now(typical teenage thing). My wife's brother is getting along well with the other inmates and guards. Apparently giving food helped, and plus, he's a likable guy. Now we are just waiting for the other family to see the light and just drop the charges. Hopefully it won't take long.

Edited by menooneatall
Filed: K-1 Visa Country: Philippines
Timeline
Posted

Thanks for the info. I believe the other family is poor too, so chances are the case will be dropped after he sits in jail for a while, assuming the family doesn't pay them off. Serves him right. Hopefully it won't be too long. My wife and I have no plans on getting involved. Getting involved will only make things worse.

My wife's family, however, is doing whatever they can. My wife said they were at the jail all night giving food to the police so that he doesn't get hurt while in there. He is a very small guy. Hopefully he'll be okay.

I also heard that one of the sisters was considering selling some stuff in order to gather money. Maybe with that, and

settling for less money, they can clear things up. If it were me, however, I would do nothing. But I also know how they feel about doing whatever is needed for family. I can't blame them, or get in their way.

Good stand and taking the right approach. This happens all to often here in the PI. Actually that scenario, it is bad and I don't agree with what happened, is no big deal and much worse happens all of the time.. Good luck and it will pass.

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  • 2 weeks later...
Filed: Timeline
Posted

Update: Brother inlaw still in jail. His GF's family won't talk and they disapprove of them getting married or dropping the case. Apparently my brother inlaw is too ugly for their beautiful daughter. I wonder where they have been for the last year they have been dating. The arraignment with the judge keeps getting delayed. I have a feeling this could turn out ugly.

I still don't understand this. Attempts to raise the statutory rape laws from age 12 to 16 were blocked, I believe. However, the child trafficing and prostitution laws cause him to be guilty. They worded the law like this:

Sec. 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.

It's the "or due to the coercion or influence of any adult" that makes him guilty. So even though this case has nothing to do with prostitution or trafficing, he's guilty. Even though he's not guilty of statutory rape, he's still guilty of sexual abuse. This is crazy. Don't get me wrong, I still don't agree with what he did, but does it warrent years in jail? When searching on the internet, I cannot find a single case like this. I can't find anything where a young adult is charged for sexual abuse after getting their 16 year old GF pregnant. How can he be the only one. I'm sure lots of 16 year olds get pregnant from adults in the philippines. Why are there not any case records for others going to jail for it?

Posted

Paying to get free after a crime is the Filipino way. The government even raises money to free OCWs in other countries facing the death penalty. Her family either gets over it and drops the case or your brother inlaw pays what they demand. Right or wrong has little to do with the legal system there. Being adult and being alone in a hotel room with someone under 18 who is not family is a crime to. You don't even have to have sex, that intent is assumed. Different country, different laws, different solutions. Good luck to you brother inlaw

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Filed: K-1 Visa Country: Philippines
Timeline
Posted

When searching on the internet, I cannot find a single case like this. I can't find anything where a young adult is charged for sexual abuse after getting their 16 year old GF pregnant. How can he be the only one. I'm sure lots of 16 year olds get pregnant from adults in the philippines. Why are there not any case records for others going to jail for it?

Because its normal there. In my wifes province its 14 and pregnant.. Not too many girls make it to their 18 debu..

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17 July 2012: Interview paid at BPI

19 July 2012: Set interview for Mid-Aug

23-24 July 2012: Medical St. Lukes(passed)

24 July 2012: CFO Seminar(had to go next morning for landline #)- PASSED

02 Aug 2012: Received e-mail from USEM our case is there.

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02 FEB 2013: I-131 and I-765 Approved

07 FEB 2013: USPS Picked up the combo-card

11 FEB 2013: Received Combo-card

21 FEB 2013: Transit Visa picked up in Chicago for Japan

Posted

Paying to get free after a crime is the Filipino way. The government even raises money to free OCWs in other countries facing the death penalty. Her family either gets over it and drops the case or your brother inlaw pays what they demand. Right or wrong has little to do with the legal system there. Being adult and being alone in a hotel room with someone under 18 who is not family is a crime to. You don't even have to have sex, that intent is assumed. Different country, different laws, different solutions. Good luck to you brother inlaw

I have to agree with you, the laws here are different as well as the solutions. Many times cases are decided by who runs out of money first. Unless your willing to pay in this case I think I'd let the girl work on her family and see if she can't change their minds or if they eventually drop the charges because they can't afford it. He may sit in jail for awhile while this plays out but in the end it may be the best way to approach this kind of a deal. You can always pay at any stage for them to drop the charges but something to think about here is that if you pay, and the girl decides to go and see him again, even if she thinks no one will know and their caught together, he'll probably be back in the same situation that he's in now and you'll pay again

Posted

20 and 16? i think thats perfectly legal in the philippines so something else seems up, are you sure its not a lie??? Or maybe more to the story?

16 is not legal here, if you even get caught alone with a girl unrelated to you that is less than 18 years old you can go to jail, even if you don't have sex with her. Just being alone with her will be cause for Intent.

Filed: Timeline
Posted (edited)

If the family seriously thought the brother-in-law "spoiled" their daughter, the males in the family would have beat the brother-in-law within an inch of his life. This is extortion, pure and simple. The question is, is it just the girl's family behind the extortion?

My brother-in-law got jumped by his wife's brothers, after he got drunk and hit her. Serious questions of honor in the Philippines are taken care of between families.

As far as being alone with somebody under 18? You betcha! Even if that girl says she is 18, and she is, you will probably get rolled anyways. But, yeah, that is a common scam. Even the cops have been known to be in on the deal, take all your money, and if you are lucky, they will give you a ride to the airport.

Edited by The Patriot
 
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