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Judge dismiss p*orn charges against American National in Cebu City


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No...I'm just surprised he got off. These cases don't normally have even a somewhat happy ending. Even when they don't have any evidence, witnesses are usually enough to convict a foreigner of whatever they want to charge him with. In this case, there was evidence..although the judge disallowed it since it was gathered after the arrest. I'm not sure what difference that makes. I hope the Philippine prosecutors have enough sense to give the evidence to the US prosecutors. If they do, there will be US Marshals waiting for him when he lands back on US soil. Sex crimes (especially against minors) committed on foreign soil can still be prosecuted in the US...even if you are acquitted in the country where the incident occurred.

 

 

What law would you say he could be charged under in America?

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I have been following this case for nearly five years.  I know him by his blog "Wandering Blindly" when I was researching the Philippines.  Seemed like a straightforward dude.   I knew he had been r

Sex crimes ? I have obviously missed some of the hard proof on offer here , unless you are referring to accusation and innuendo , accompanied by a wrestling tape of girls in bikini's ......

Again...I only have knowlege of the US laws in this arena. In the US it is rare to see a young girl that is "budding" go topless. However, in Europe it is acceptable. In Brazil the expectation is ever

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Dafey

What law would you say he could be charged under in America?

 

Child P*ornography for a start. Let's face it...if he photographed minor girls toppless, without written permission from their guardians he could be tried individually for each child.

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USMC-Retired

Depends on what he has on the camera. Also chain of custody must be established. Doubt all could be used in US courts. Higher standard.

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Child P*ornography for a start. Let's face it...if he photographed minor girls toppless, without written permission from their guardians he could be tried individually for each child.

 

 

Would this too, apply, if he were to - innocently, take a couple / few images of children swimming at a pier? Some wear clothes, while others do not. Is that p*orn? 

 

Just trying to find that line here.

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Irenicus

Would this too, apply, if he were to - innocently, take a couple / few images of children swimming at a pier? Some wear clothes, while others do not. Is that p*orn?

 

Just trying to find that line here.

I think mens rea and intent have a part in this.

 

But again, dude got lucky IMHO.

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Back in the day there used to be a charge in Australia "contributing to the delinquency of a juvenile" but I don't know if it's still on the books.

 

KonC

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woodchopper

australian laws are now deregulated to the point that most charges can be laid in the manner in which they wish to word them.

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contraman

australian laws are now deregulated to the point that most charges can be laid in the manner in which they wish to word them.

 

 

HUH ?

I would think the contrary is true   :idontknow:

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Dafey

Would this too, apply, if he were to - innocently, take a couple / few images of children swimming at a pier? Some wear clothes, while others do not. Is that p*orn? 

 

Just trying to find that line here.

 

Again...I only have knowlege of the US laws in this arena. In the US it is rare to see a young girl that is "budding" go topless. However, in Europe it is acceptable. In Brazil the expectation is everyone is topless. So a lot of this is dependant on the local morals and how the law interprets them. Also, photographing someone in public is whole different ballgame than a private studio.

 

I know its crazy in the US...you cant have a 14 yo girl topless in public at the beach but she can watch sexually explicit movies on TV.

 

US morals are screwed up. I believe that's one of the reasons for the violence here.

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Child P*ornography for a start. Let's face it...if he photographed minor girls toppless, without written permission from their guardians he could be tried individually for each child.

 

 

In America, for materials obtained illegally?

Would this too, apply, if he were to - innocently, take a couple / few images of children swimming at a pier? Some wear clothes, while others do not. Is that p*orn? 

 

Just trying to find that line here.

 

But if he were going to be tried in the US, US rules of evidence would (?) be followed, and there's no evidence that lives up to that standard, right? On top of that, I'm not even sure US kiddie p*orn laws can apply to p*orn that's never set foot on US shores. Not sure either way. 

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SkyMan

 

 

I don't consider an illegal arrest a technicality
I would say most certainly it's a technicality.  I would say he most certainly did the crime but got off due to an incorrect procedure by the police.  Were he acquitted based on the evidence it would be different.  I know a guy whose wife was jailed selling drugs in a sting however, the evidence was photographed at the station after the arrest and not at the scene.  So she got off on that technicality. But she was guilty of selling drugs just as this was making kiddie p*orn.  I'm surprised they just didn't nail him with RA 7610.
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oztony

Without seeing the actual video , it is all just supposing ,

 

Did they start wrestling with their tops on and as it got serious did some tops come off during the scuffle?

 

Was it only the older girls with their tops off ?

 

The whole thing is a suppose session without viewing the tape.

 

Which obviously the judge did do , view the tape ,

 

I cannot imagine anyone getting off of these charges if it was child p*ornography or sexual deviance , regardless of the arrest procedure.

 

:twocents:   

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SkyMan

 

 

Which obviously the judge did do , view the tape ,
I doubt it. She ruled it inadmissible and if she had viewed it, it could have clouded her judgement on the case.  It's hard to un-see something.
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Irenicus

 

 

The whole thing is a suppose session without viewing the tape.

 

I really don't wanna see that tape.

 

Bottom Line:  He got off on a technicality and he's fugging lucky.

 

He did spend from February 2011 to December 2014 in prison, though.  He was released on bail pending the appeal and blocked from leaving the Philippines. Since his provisional release, he did nothing but complain about how horrible the Philippines was and how he hoped a typhoon would wipe out the whole country.

 

I mentioned that mebbe he shouldn't videotape underage Filipinas topless and promptly got blocked from his feed.

 

Go figure.

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oztony

I doubt it. She ruled it inadmissible and if she had viewed it, it could have clouded her judgement on the case.  It's hard to un-see something.

 

Seriously , how many times has it been said by a judge , that the jury will disregard that statement ? So can you unhear things just as well as unsee them?

 

The guy is an imbecile , no doubt , but the obvious critical path may not always be exactly as it seems...

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