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PLEASE HELP: Is this only Unjust Vexation?!

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1 PLEASE HELP: Is this only Unjust Vexation?! on Thu Oct 11, 2012 6:42 am

riedhuz


Arresto Menor
Good day!

I badly need advice on our situation.

My wife's brother-in-law entered our house without permission and masturbated in front of her while she and her brother-in-law's daughter were sleeping.

This is what happened. Every Sunday early morning around 1:00AM my mother-in-law goes out to buy groceries for the whole week. I was not at home because I was with my kids in my mother's house. So my wife and her niece (the daughter of my wife's brother-in-law) were left at home. My wife was in bed beside her niece sleeping when she noticed someone standing in front of her just inches away from her feet. She saw her brother-in-law naked and masturbating. She was really frightened so she pretended to still be asleep and moved thinking that would startle the guy but he didn't stop at all. She didn't know what to do so she shouted and so the guy ran outside.

We reported what happened to the police and to the barangay. Both told us that because the guy didn't touch her private parts it could not be filed as attempted rape but will fall only on unjust vexation. We researched about what unjust vexation was and to our surprise it was a case that was not that serious. We are losing hope on this matter and we've gone to other police precincts hoping that they'd give us a different answer but all said it was just unjust vexation. This was the second time already because the first time that it happened the guy went on top of my wife and attempted to rape her but because she shouted he stopped. My wife's older sister was concerned about their kids so we let it go but they had to move out (by the way we were staying in one house before, me and my wife, her older sister and her husband the one that we are complaining about)and so they did. We don't want to let this go and we are desperately seeking out help. Unjust vexation's penalty is worth 5 pesos to 200 pesos only?! The intent of the guy to rape her but didn't touch her is just worth that? He can simply pay that. Please we need your advice on this matter.

Thanks in advance.

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concepab


Reclusion Perpetua
riedhuz wrote:Good day!

I badly need advice on our situation.

My wife's brother-in-law entered our house without permission and masturbated in front of her while she and her brother-in-law's daughter were sleeping.

This is what happened. Every Sunday early morning around 1:00AM my mother-in-law goes out to buy groceries for the whole week. I was not at home because I was with my kids in my mother's house. So my wife and her niece (the daughter of my wife's brother-in-law) were left at home. My wife was in bed beside her niece sleeping when she noticed someone standing in front of her just inches away from her feet. She saw her brother-in-law naked and masturbating. She was really frightened so she pretended to still be asleep and moved thinking that would startle the guy but he didn't stop at all. She didn't know what to do so she shouted and so the guy ran outside.

We reported what happened to the police and to the barangay. Both told us that because the guy didn't touch her private parts it could not be filed as attempted rape but will fall only on unjust vexation. We researched about what unjust vexation was and to our surprise it was a case that was not that serious. We are losing hope on this matter and we've gone to other police precincts hoping that they'd give us a different answer but all said it was just unjust vexation. This was the second time already because the first time that it happened the guy went on top of my wife and attempted to rape her but because she shouted he stopped. My wife's older sister was concerned about their kids so we let it go but they had to move out (by the way we were staying in one house before, me and my wife, her older sister and her husband the one that we are complaining about)and so they did. We don't want to let this go and we are desperately seeking out help. Unjust vexation's penalty is worth 5 pesos to 200 pesos only?! The intent of the guy to rape her but didn't touch her is just worth that? He can simply pay that. Please we need your advice on this matter.

Thanks in advance.


Did you told the police about the attempted rape? bakit unjust vexation lang ang kaso? how about RA 9262??? masmakakabuti if you will hire a private lawyer.

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attyLLL


moderator
sorry, but i tend to agree that it may fall under unjust vexation because there was no touching, only looking. try to include child abuse.


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riedhuz


Arresto Menor
@concepab - Yes I already told the police and that is what they told me. That because there is no touching, it will fall under Unjust Vexation



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riedhuz


Arresto Menor
attyLLL wrote:sorry, but i tend to agree that it may fall under unjust vexation because there was no touching, only looking. try to include child abuse.

Thank you for your kind reply. I appreciate the response. We've already wasted a lot of time, because no one can help us out. Isn't there a way to file a heavier case? Maybe Acts of Lasciviousness?

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attyLLL


moderator
you can try, and include child abuse under ra 7610


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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concepab


Reclusion Perpetua
attyLLL wrote:sorry, but i tend to agree that it may fall under unjust vexation because there was no touching, only looking. try to include child abuse.

Atty. how about the attempted rape?

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