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SEX VIDEO IN SOMEBODY'S POSSESSION

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1 SEX VIDEO IN SOMEBODY'S POSSESSION on Wed Oct 02, 2013 11:28 pm

celynallibang


Arresto Menor
This is in connection with my post LEGAL WIFE TO FILE ADULTERY CASE AGAINST THE PARAMOUR OF HIS HUSBAND.

In the counter affidavit of the suspected rapist, he alleged that the complainant should not be given due credit because she is person of low morale. As evidence of his allegation, he cited that he is keeping in his possession a sex video and sexual photos of the complainant with her former BF.

Questions:
1. what case should be filed if Mr R for keeping in his possession the sex video and photos of Ms G as it is already written in his notarized counter affidavit (without her consent, of course)?

2. Can Ms G compel Mr R to return the copies of said videos?

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2 Re: SEX VIDEO IN SOMEBODY'S POSSESSION on Thu Oct 03, 2013 8:20 pm

concepab


Reclusion Perpetua
IMO what they are trying to do is irrelevant to the case. His case is rape, he allegedly rape the daughter of his partner so therefore discrediting the mother of the victim is useless because the case will proceed regardless of their effort.. Just keep on communicating with your lawyer, he/she know what to do.

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3 Re: SEX VIDEO IN SOMEBODY'S POSSESSION on Fri Oct 04, 2013 10:55 am

wolfwise


Arresto Menor
That is inadmissible character evidence. The accused may offer evidence to prove the bad moral character of the VICTIM/offended party to establish his defense, but not that of her mother. Also, under RA 9995, the videos/photos are inadmissible (Sec. 7).

1) RA 9995 or the Anti-Photo and Video Voyeurism Act of 2009. Also RA 9262 or the Anti-Violence Against Women and Their Children Act of 2004.

2) Yes.

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