Advice for ExpatsCrime

How to Protect Yourself From a False Rape Charge in The Philippines

In a routine argument with my ex she said that she wanted me to give her a SIM card that I was using. However many of my accounts where already attached to that number. I asked her to be patient but then she said it. She said she would file a complaint against me for rape if I didn’t return the SIM card–yes I’m serious. It was like my body became encased in ice. I’ve heard of guys being falsely accused of rape but I figured “I’m a good guy. It’ll never happen to me”.

She said that one time I went on top of her and she pushed me off was rape even though there was no penetration and I accepted it after she pushed me off. Could this really be rape? I did some googling and it turns out the definition of sexual assault is really broad.

I was so scared I even spoke to an attorney. Fortunately he told me that since she stayed with me and I had text messages as proof she wasn’t concerned about it until after I broke up with her that I should be fine.

The truth is though a false rape accusation can be a very scary thing for a foreigner. Even in America the deck is stacked against men but thanks to tribalism it’s even worse if you get accused of rape in The Philippines.

The Woman’s Honor Doctrine

This is a doctrine in The Philippines that states that a Filipina would never lie about being raped due to the insult to her and/or her family’s honor. What this is means if the default position of prosecutor is to believe any woman who accuses a man of rape.

This was an actual judicial doctrine in The Philippines although there have been some changes. In 2017 the Supreme Court acquitted two men who had been previously convicted of rape due to the inconsistent and ‘unbelievable’ stories of the woman.

Get Evidence

Your best weapon for fighting off a false rape charge is evidence. If you had a sexual encounter that might be questionable make sure you send them text messages asking about it. Say things like hey are you okay with what happened last night?  or even ask them if they liked it.  I would go a step further and ask for another meeting.

The point is to get her to admit in writing that it was consensual, even better if she admits that she enjoyed it. It’ll be very hard for a woman who admitted she liked it and agreed to another meeting to then turn around and cry rape.

Have Character Witnesses

This is one of those times it’s really good to have local friends here. People who will go to bat for you and testify that you are a person of good moral character can go a long way in defeating a false rape charge.

Ask for a Medical Examination

Many rapes leave behind evidence not found in consensual sex. If she was raped many times there should be bruises or some sort of evidence of forced sexual intercourse.

Was She Drunk? If So Make it Known

Many false accusations of rape occur when one or both parties involved in the act of intercourse were under the influence of drugs or alcohol. If the alleged victim was intoxicated, then his or her ability to accurately recall events will be in question.

Find Inconsistencies in Her Story

This is your best bet to fighting a fake rape charge. If she files a charge she’ll need to go into detail about what happened, when it happened, and how it happened. If it was a vindictive gf who accused you make sure she states what happened after the supposed rape. Did she go with you? Did she stay with you? That’s not normal behavior for a rape victim. Point out that it wasn’t rape until after you broke up with her or you two got into a really bad argument months later.

In Conclusion

Just remember that most threats of a fake rape charge are just that, threats. They’re trying to intimidate you into doing whatever they want, usually not to break up with them or give them money.

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One thought on “How to Protect Yourself From a False Rape Charge in The Philippines

  1. This is a really interesting blog.

    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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