Statutory Rape and Money Extortion

[menooneatall 0]

The question is, is it just the girl's family behind the extortion?

Who else are you referring to? As I said before, we are very close to my wife's family and they are honest people. This is most likely extortion from the gf's family because they know about my wife and me. I dought the gf is involved, at least by choice, and certainly not my wife's brother. Maybe the police that arrested him are involved though, but I have no idea. Maybe they will lie to support the other family in hopes of getting a cut.

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

Good point. My wife and I won't be paying, and haven't been asked to. But if her family pays, they could continue to have problems later. Hopefully eventually the other family just gives in and allows them to be together.

Update: He is out of jail now. He has some type of arraignment on Tuesday, but I'm not sure if it's really an arraingment or not. It's hard to understand through the language barrier. They said something about there not being a judge this time and the other side still needing to collect evidence. They can't get a free attorney for this. I would think he needs one. I wonder what this will be. Is this where they either drop the charges, make a deal, or officially charge him and set up an arraignment for his plea? Is there such thing as an arraignment in the Philippines, one with a judge?

[dave01 16]

Who else are you referring to? As I said before, we are very close to my wife's family and they are honest people. This is most likely extortion from the gf's family because they know about my wife and me. I dought the gf is involved, at least by choice, and certainly not my wife's brother. Maybe the police that arrested him are involved though, but I have no idea. Maybe they will lie to support the other family in hopes of getting a cut.

Good point. My wife and I won't be paying, and haven't been asked to. But if her family pays, they could continue to have problems later. Hopefully eventually the other family just gives in and allows them to be together.

Update: He is out of jail now. He has some type of arraignment on Tuesday, but I'm not sure if it's really an arraingment or not. It's hard to understand through the language barrier. They said something about there not being a judge this time and the other side still needing to collect evidence. They can't get a free attorney for this. I would think he needs one. I wonder what this will be. Is this where they either drop the charges, make a deal, or officially charge him and set up an arraignment for his plea? Is there such thing as an arraignment in the Philippines, one with a judge?

This is where they will meet with the fiscal to determine if the case could move forward. If he's out of jail right now it's because they don't have enough money to keep him there. Unlike the US in the Philippines you cannot defend yourself or file a case by yourself. Only a lawyer can approach the bench or talk to the judge. You never said where this is all taking place but if it's in an area where they have a lot of case load already this could take years to resolve. During that time the other family will have to keep coming up with a lot of money to keep the case going. Some of the criminal cases where I'm living take 6 to 7 years to trial end. If he is out I would not advise him to get a lawyer as that will demonstrate that he has money or the means to get it. When and if the time comes that he would need a lawyer he would get a public defender for nothing and those guys are good at drawing things out until the other side is broke. My guess is that by the time this is resolved him and the girl will probably be together with child number 2 or 3. I would't do anything

[Tahoma 2,292]

dave01...I agree with your assessment of the situation and how it could play out legally...+1.

While there's small chance that the girl's family could sustain their legal case with a "free" public attorney, I think the matter could be settled quickly and everyone would live happily ever after by paying the girl's family P25,000-50,000.

And before anyone flames me for recommending to pay off the girl's family, keep in mind this guy knocked up a 16 year old and that's against the law. My wife is "from the province" too, and she assures me that very very few of her friends or acquaintances got pregnant at that age. There are lots of conservative parents in the province.

[I AM NOT THAT GUY 5,715]

this guy knocked up a 16 year old and that's against the law.

In a country where the Church advocates actively against any form of birth control, and the age of consent is 12, but you can't legally marry until 18, or 22 if the parents try to intervene, I suggest this happens more than the Filipinos want to admit, especially in the Province. The wife says it is not that unusual to see pregnant teens.

[Hank_ 9,174]

Hmm... guess its a coin toss or what province one comes from....

[menooneatall 0]

This is where they will meet with the fiscal to determine if the case could move forward. If he's out of jail right now it's because they don't have enough money to keep him there. Unlike the US in the Philippines you cannot defend yourself or file a case by yourself. Only a lawyer can approach the bench or talk to the judge. You never said where this is all taking place but if it's in an area where they have a lot of case load already this could take years to resolve. During that time the other family will have to keep coming up with a lot of money to keep the case going. Some of the criminal cases where I'm living take 6 to 7 years to trial end. If he is out I would not advise him to get a lawyer as that will demonstrate that he has money or the means to get it. When and if the time comes that he would need a lawyer he would get a public defender for nothing and those guys are good at drawing things out until the other side is broke. My guess is that by the time this is resolved him and the girl will probably be together with child number 2 or 3. I would't do anything

Very good information. Thanks.

They certainly will not be paying for a lawyer, because they do not have the money. If things go further, I'm hoping they can get a free lawyer. They have already talked to one, but he won't got with him on Tuesday. I believe you are probably right, that the other family doesn't have the money to keep things going. Hopefully everything will be dropped. I did not know the other family has to pay to keep him in jail, that explains why he is out. I beleive my wife's family also had to pay 10k pesos to get him out. They are in Alabang.

[I AM NOT THAT GUY 5,715]

They are in Alabang.

Muntinlupa? That is a nice place, lots of rich people my wife says, not really the province, metro manila.

[actob99 156]

Hmm... guess its a coin toss or what province one comes from....

That is correct, can be night and day from province to province. A whole other world...