Another American Finds Himself In Trouble

[Mr Lee]

Why do these guys date underage girls? Why would the companion leave? Why would a man of 40 want to be alone with an underage girl? This guy had apparently lived in Cebu a year, so he must know the laws by now. :( Why give an underage girl booze? This whole things stinks, but either way, the man had to be crazy to even be alone with her, no less give her booze. Set up or not, why do people fall into these traps? SHE went online to find a man who would help pull her family out of poverty. But Rose (real name withheld), 17, ended up with an American national who allegedly molested her inside his rented home in a subdivision in Barangay Lahug, Cebu City, last Monday. Gerry Setter, 40, is from Kansas City and has been living in Cebu for almost a year.Rose said she met Setter through a friend. They often communicated through online chat.Last Monday, she agreed to meet Setter in his house. She was accompanied by a relative of her stepmother.Rose said that after they ate, Setter asked her companion to leave so that he can be alone with her.Rose said she and Setter had drinks and then she fell asleep.

[Garpo]

Correct me if I am wrong but it is my understanding that the legal age for consent is only 14 in the Philippines. If that is true then this guy did not break any laws.

[Jollygoodfellow]

Correct me if I am wrong but it is my understanding that the legal age for consent is only 14 in the Philippines. If that is true then this guy did not break any laws.

18 is the law I believe. Check out all countries here http://www.avert.org...-of-consent.htm Also Philippines The age of consent in the Philippines is complex. Interpol lists the age of consent of Philippines as 18. According to Article III, Section 5, consensual sex between an adult and a child 12-18 can be prosecuted if the child has sex "due to the coercion or influence" of that adult orif the child is paid (see below). Sex with a child under 12 is considered rape, under Article 266-A. Bill 583, which is currently in the House of Representatives aims to raise the age under which sex is to be considered rape to 16.Sexual intercourse with a person under the age of 12 is defined as rape: Chapter Three Rape "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.In regard to children aged 12–18, the law reads (any person under 18 is considered a child): Article III, Section 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.If an adult has sex with a child 12-18, it can be considered that the child did so because of the influence of the adult (even if there was no coercion).

[Mr Lee]

Then there is the child protection act which has been used against foreigners who are just with girls under 18, since a child is defined as someone under 18.

REPUBLIC ACT NO. 7610

June 17, 1992

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES

Section 3. Definition of Terms. –

(a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition;

ARTICLE VI

Other Acts of Abuse

b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000): Provided, That this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty.

[Steve & Myrlita]

Then there is the child protection act which has been used against foreigners who are just with girls under 18, since a child is defined as someone under 18.

REPUBLIC ACT NO. 7610

June 17, 1992

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES

Section 3. Definition of Terms. –

(a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition;

ARTICLE VI

Other Acts of Abuse

b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000): Provided, That this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty.

I have heard conflicting stories about this. According to some, even if the minor is related to you by marriage to your Filipina spouse, you are not considered related by the Philippine Family Code as a foreigner can never be related. Only a Filipino citizen is considered related. The recognized exception would of course be if the foreigner is the biological father of the minor child.

[Old55]

Steve, I have read this online many times but don't know for sure if it is fact. Curious if it is or not.Just to be safe I NEVER EVER find myself alone with any Filipino boy or girl under the age of 18. It's rare I will interact with Filipino children unless my wife is with me. Kinda sad but I'll be darned if I play into that game.We do not know the facts in this case only what is in the paper. The guy could be a scam victim or he could be a perv... we just don't know. I've met Filipinas in their 20's that look 13 or 14 to me, we met a sales girl in her mid teens that looked mid 20's.

[Mr Lee]

Then there is the child protection act which has been used against foreigners who are just with girls under 18, since a child is defined as someone under 18.

REPUBLIC ACT NO. 7610

June 17, 1992

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES

Section 3. Definition of Terms. –

(a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition;

ARTICLE VI

Other Acts of Abuse

b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000): Provided, That this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty.

I have heard conflicting stories about this. According to some, even if the minor is related to you by marriage to your Filipina spouse, you are not considered related by the Philippine Family Code as a foreigner can never be related. Only a Filipino citizen is considered related. The recognized exception would of course be if the foreigner is the biological father of the minor child.

I really do not feel the law would ever be used against one of us who is married into a family, unless we were stupid enough to be alone with a minor in that family, and they said we touched them. As a precaution, I make sure the door to the room we stay in at our families home is always open when kids come into the room, and that my wife is always home when nieces, nephews or friends come to visit us at our condo and bring along minors. I have told my wife in no uncertain terms to never leave me alone with anyone underage. One can never be too careful when they know laws such as the above one can be used against us if a kid gets the ass at one of us. Over cautious, yes, but better to be safe than sorry.

[ekimswish]

Did he know her age? In some Asian countries (not the Philippines, however) a 17 year old will say they're 19 and a westerner may not understand that they count age differently. And again, how many westerners are aware that they start college at 16 years old here? If I were single and met a "college girl," I would assume it's kosher, only to wake up with my name in the papers as a molester.

[Mr Lee]

Did he know her age? In some Asian countries (not the Philippines, however) a 17 year old will say they're 19 and a westerner may not understand that they count age differently. And again, how many westerners are aware that they start college at 16 years old here? If I were single and met a "college girl," I would assume it's kosher, only to wake up with my name in the papers as a molester.

I have to agree with you that it is often hard to tell a Filipinas age, but at the same time I feel it is many's desire to be with young girls in the first place, that can get many of us in trouble. Who of us would not be turned on by a young sexy girl, but at the same time IMHO what besides sex could we have in common with someone in their teens? I am not being judgmental with my statement because to each his own, and maybe some can find common ground with younger girls, but for me and if I were ever single, then I would never look to be involved with a child and prefer a woman, yet from what I have seen, many men seem to like very young girls, and more power to them, they just better be careful to make sure the girls are at least 18 before being alone with them because of the above law and the way the Philippines will tend to treat foreigners who girls make complaints about.

[Steve & Myrlita]

How about the part of Under 12 OR anyone 10+ years their junior? Is it OR or is it AND?