PNP: Olongapo transgender killed by a US Marine

**Monseratto** · October 17th, 2014 10:57 AM

About Perverton...7 years younger than the victim... Barely legal and just out of high school...

Jeffrey Laude was 7 years older than US Marine Joseph Scott Pemberton, just 19 and a recent hi-school grad
October 17, 2014by benign0

Turns out United States Marine Private First Class Joseph Scott Pemberton is just 19 years old and graduated High School only last year. In a report published by the American news site South Coast Today, Pemberton is described by his uncle as “a really good kid” while a neighbour called him “a friendly person” and recalled his last memory of the boy “walking home from school and just waving as I was cutting the grass”. According to the report, Pemberton graduated in 2013 from technical school majoring in metal fabrication and joining.

At 26 years old, on the other hand, the late transgender Jeffrey Laude was seven years Pemberton’s senior. Laude, we recall, was found dead in an Olongapo City apartment after supposedly checking in with Pemberton early this week. Pemberton has since been the primary suspect in an on-going homicide investigation supposedly being conducted by the Philippine police supposedly with the “full cooperation” of the US military who are in the Philippines for joint naval exercises. It was later revealed that Laude is engaged to a German national who he reportedly met on the Internet — information Laude’s family seemingly withheld from the public in the first statements they released to the media following the discovery of Laude’s remains.

In popular parlance, Pemberton is “barely legal”. United States law considers ***ual relations with a minor (defined as a person below the age of 18 years) a crime and the legal drinking age under US law is 21. The equivalent of statutory rape in Philippine Law is stipulated in Republic Act 8353, or the “The Anti-Rape Law of 1997″ and is called Chapter Three Rape.
Under this clause, rape is committed…

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.

A strong case could be made in Pemberton’s favour around Items (b) and (c) owing to his being under the influence of alcohol and possibly also to Laude’s significant seniority over Pemberton and the widely-held theory that he had misled Pemberton into thinking he was a woman. Indeed, according to the testimony of witness Mark Clarence Gelviro who was Laude’s other companion at the hotel, Laude had “asked him to leave before the foreigner could discover that they were transgenders.”

However, as shown in the snippet above, a quirk in Philippine law seem to imply that only men can be convicted of rape and only women can be regarded as victims of rape. While Pemberton evidently does not qualify as a minor in this case as Philippine Law has a far looser definition of what constitutes a minor, he also may not qualify because he is a man. And if that detail could be somehow circumvented by Pemberton’s defense, his attorneys will have to convince Philippine courts to regard Laude as a man — his gender at birth.

It is ironic that activists who are making this case out to be about “equal rights” could later be relying on a law that is inherently gender-biased to further their cause against not just Pemberton but the entire US Military organisation.

It is also interesting to note that Filipino transgenders have quite the track record of publicly misrepresenting themselves. A most recent case is Filipino male transgender Geena Rocero. Rocero had been a contestant at gay beauty pageants in the Philippines since he was 15 then migrated to the United States and registered himself with the authorities there as a woman. This was after he underwent the “necessary surgery” in Thailand to complete his physical transformation. Rocero then went on to a career in fashion modeling as a woman, apparently not disclosing his past as a man to his colleagues until recently.

**Altis6453** · October 17th, 2014 11:44 AM

^Err...so what does this all mean, Pemberton will raise "rape" as a defense to killing Laude?

Highly doubt that would work. Neither is "misrepresentation of gender" a valid defense. It's not even a mitigating circumstance. Simple homicide is what is really on the table.

Ang kawawa lang dito talaga ang pamilya ni Laude, kasi yang Makabayan block will waste no time in using their deceased relative to push their agenda----namely to abrogate the VFA and EDCA. It's not about the deceased. It's about how they can use him.

**jut703** · October 17th, 2014 11:47 AM

Originally Posted by ClaNker

Not according to you kamo. Otherwise you won't be posting that and straight away agree with what I mean.

Outright bigotry. Just because you're intolerant towards LGBTs doesn't mean everyone else should be too.

And yes, choosing to call them he/she depending on their preference is also a personal stand and not just a parroting of someone else's view, because I respect these people and would give them the honor of being called their pronoun of choice. It just so happened that the leading institution for journalists also shares this view, along with many other progressive people. If you don't agree, then that's none of my business unless you start acting like a close-minded bigot who thinks less of everyone else who doesn't agree with you.

I don't condone misleading someone that you're a girl when you're a transgender. Many people choose to do so because of fear of ostracism from others, but nonetheless I still think they should be more honest about their orientation, and in turn, other people should be less judging.
I hope that people respect transgenders as they are. It's obvious in the words of many people that they're disgusted by the idea of transgenders not identifying or acting according to their birth ***.

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**Monseratto** · October 17th, 2014 01:24 PM

Maraming homophobic bullies sa social media dahil sa stand ng conservative RCC and other christian group. They'd rather see one burn in hell. Unfortunately, the country that is most liberal and open LGBT community in the world is Israel.

**_Cathy_** · October 17th, 2014 01:28 PM

I don't like homo***uals but I am appalled with the comments on social media about how jeffrey deserved to die. It's like people have no empathy.

**shadow** · October 17th, 2014 04:40 PM

It will never be a she if a dick still hanging down between his leg

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**_Cathy_** · October 17th, 2014 05:00 PM

It's still a HE for me even with an implanted vagina...

**jick.cejoco** · October 17th, 2014 05:17 PM

Originally Posted by shadow

It will never be a she if a dick still hanging down between his leg

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What if s/he no longer has a dick but still have balls?

Posted through phlpost.gov.ph

**shadow** · October 17th, 2014 05:22 PM

Originally Posted by jick.cejoco

What if s/he no longer has a dick but still have balls?

Posted through phlpost.gov.ph

Then he's the most stupid gay in the world. He had his dick chopped off and not his balls?

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**ClaNker** · October 17th, 2014 05:23 PM

Originally Posted by jut703

Outright bigotry. Just because you're intolerant towards LGBTs doesn't mean everyone else should be too.

And yes, choosing to call them he/she depending on their preference is also a personal stand and not just a parroting of someone else's view, because I respect these people and would give them the honor of being called their pronoun of choice. It just so happened that the leading institution for journalists also shares this view, along with many other progressive people. If you don't agree, then that's none of my business unless you start acting like a close-minded bigot who thinks less of everyone else who doesn't agree with you.

I don't condone misleading someone that you're a girl when you're a transgender. Many people choose to do so because of fear of ostracism from others, but nonetheless I still think they should be more honest about their orientation, and in turn, other people should be less judging.
I hope that people respect transgenders as they are. It's obvious in the words of many people that they're disgusted by the idea of transgenders not identifying or acting according to their birth ***.

Posted via Tsikot Mobile App

Wrong again. I got friends who are gays and even a closet king. one of my pamangkin ay isang bakla. Napansin namin ang pagiging bading nya when he was 6 years old, tangap sya bilang sya at minahal sya bilang sya but never syang binuyong babae sya.

Ang bakla ay bakla hindi sila babae, abay buti pa ang mga kaibigan kung bading tangap nila yan. Wag mong ipag kalat na isa kang babae, abay day may lawit o! Bading yan hindi yan girl.