False rape charges

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Tom1907
Posted
Posted

Anyone had experience or heard cases related to false rape charges ? Found this post of this guy on a blog regarding false rape charge.

 

It is unbelievable to see that such weak affidavit can put you in jail.

 

There wasn’t any updates from this guy so not sure if it was dismissed. Now, if someone fill a case against you while you are abroad, how are you supposed to know?

 

Here is the post below :

 

I am in fact presently a defendant in a phony rape case in the Philippines. A few months ago, I was going to be in the PI and I met a girl online. She picked me up at the airport and then stayed with me for four days. Everything was perfectly fine. One thing that struck me as odd was that she always had plenty of money even though just a college student.

I later learned that she had a local (American expat) boyfriend. When he found about that his girl had cheated on him by staying with me for four days, he became enraged. Seemingly to save face with her boyfriend, some three months after I returned to the USA, she filed formal rape and kidnapping charges against me. All she did was submit the vaguest possible affidavit — which was apparently prepared by a lawyer hired by her boyfriend. There was no medical evidence, no detailed account of events, nothing. Just a naked allegation that I had raped her and never let her leave the hotel.

Well, that was totally false. It was 100 percent consensual over several days, and she came and left of her own volition many times. We have photos and videos of her in many different outfits and with a big smile, and we have about a thousand “I love you!” emails and videos from the weeks after.

Anyhow, I only found out about the legal case after the deadline to respond to the affidavit had passed. (You have only ten days to file a counter-affidavit; there’s no requirement there that you receive notice of the charge against you.) So, the prosecutor had already referred the matter for trial. I had to find a local attorney to file a motion for reconsideration with the hope that the prosecutor will dismiss the case. We included many, many messages and photos that clearly contradict her allegations.

After I filed the motion, her lawyers filed a rebuttal stating that I couldn’t prove the authenticity of the photos and messages and so my motion should be denied.

Frustratingly, in several weeks we haven’t gotten any decision on the matter. My lawyer there says that if it’s not dismissed, they will issue an arrest warrant and pick me up at passport control and throw me into jail to await trial. Apparently that could take years. In sum, unless it’s dismissed, I’ll never be able to go back there.

I certainly _hope_ it will be dismissed. It is the most frivolous case I ever heard of.

But in a country with a half-assed legal structure like the Philippines, you never know. My lawyer there seems good but even he is not all that confident that it will be dismissed outright, despite the reams of evidence we submitted to clearly show that the girl is lying. Apparently there is a strong bias there to regard any claim of rape — no matter how vague or ill-founded — as evidence that a crime has been committed.

In the USA, this flimsy allegation would never ever make it past a grand jury. But in the PI, they don’t use the grand jury system, and whether or not you’re indicted is at the sole discretion of the prosecutor.

Super, super frustrating and has cost me a lot of money with no results yet.

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Dave Hounddriver
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Posted (edited)
2 hours ago, Tom1907 said:

Now, if someone fill a case against you while you are abroad, how are you supposed to know?

It would be logical to send a notice of the allegations to your address on record (everyone has to give an out of country address when they get their entry visa).  If the person does not respond then he could be tried in absentia, IMHO.

There are some crimes, like rape, in which the accused starts off as guilty and has to prove innocence.  Fair? Maybe not, but it is what it is.

Edit: More than hearing about it, I have seen it happen.  A group of expats and their wives/gfs were having a beach party one evening.  Expat A had brought his gf who was getting along rather well with Expat B. (No names as some members know these guys).  Expat B and the other fellows gf were getting along really well and went for a swim in the evening darkness.  I could barely make out that they were making out in the water and then Expat A went to the water's edge and looked at them.  Immediate screams of rape from the gf as soon as she saw her bf watching them.

Disclaimer:  That did not escalate to the courts due to so many of us witnesses.  But it could have if the girl thought she could save her skin by following through with it.

Edited by Dave Hounddriver
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Tom1907
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32 minutes ago, Dave Hounddriver said:

It would be logical to send a notice of the allegations to your address on record (everyone has to give an out of country address when they get their entry visa).  If the person does not respond then he could be tried in absentia, IMHO.

There are some crimes, like rape, in which the accused starts off as guilty and has to prove innocence.  Fair? Maybe not, but it is what it is.

Edit: More than hearing about it, I have seen it happen.  A group of expats and their wives/gfs were having a beach party one evening.  Expat A had brought his gf who was getting along rather well with Expat B. (No names as some members know these guys).  Expat B and the other fellows gf were getting along really well and went for a swim in the evening darkness.  I could barely make out that they were making out in the water and then Expat A went to the water's edge and looked at them.  Immediate screams of rape from the gf as soon as she saw her bf watching them.

Disclaimer:  That did not escalate to the courts due to so many of us witnesses.  But it could have if the girl thought she could save her skin by following through with it.

Sounds like just the story above, it’s gonna bring some little paranaoia after reading stories like this ahah, but better be precautious!

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Old55
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Posted (edited)

Tom, as a new member you have only posted unsubstantiated second hand stories of incidences Foreigners have been victimized by Filipinos in some way.

Whats up with that?

 

Edited by Old55
Spelling error, shocking I know.
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Tom1907
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19 minutes ago, Old55 said:

Tom, as a new member you have only posted uncollaborated second hand stories of incidences Foreigners have been victimized by Filipinos in some way.

Whats up with that?

 

Just want to know how justice system works there. Is there a matter with that ?

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Jollygoodfellow
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1 hour ago, Tom1907 said:

Just want to know how justice system works there. Is there a matter with that ?

YEP

There sure is. Proof or fuck off. Copy and paste crap we dont care for. 

 

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Tom1907
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Posted
20 minutes ago, Jollygoodfellow said:

YEP

There sure is. Proof or ?????? off. Copy and paste crap we dont care for. 

 

« We » you speak for every guests abd members ? 

Why don’t you delete this topic if it is crap then?

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Jollygoodfellow
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Posted

Yep

As you say on someone's blog.

So where did that info come from ? 

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