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.
Filipino transgender Geena Rocero became a fashion model in the US before coming out with the truth about his birth gender recently.
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In popular parlance, Pemberton is “barely legal”. United States law considers sexual 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.
benign0 is the Webmaster of GetRealPhilippines.com.
Rape can be committed either by sexual intercourse or sexual assault.
The former is the traditional “man – woman” definition. In the latter, insertion of a penis or instrument in the genital or anal orifice is enough; gender is irrelevant.
Thank you for enlightening this $#%#$%65. And if Pemberton’s lawyers were smart enough, rape is not a defense in homicide. He is a military personnel. Please refer to self-defense as a justifying circumstance. If at all, you want to make a somewhat intelligent opinion, you might want to focus on jurisdiction and the enforcement thereof.
Just commenting on rape and how gender doesn’t really matter.
If he claims self-defense, he’d have to admit he killed her(him?). He’s not gonna do that.
On jurisdiction, we’re never going to get the guy unless the US surrenders him. The warship is an extension of US territory and we have no right to force our way in.
No one said rape was used as defense in homicide. It’s rather probably the marine killed the gay as defense from being about to be raped. Possible self-defense by analogy, if you will.
The US marine will be charged with murder due to asphyxiation.
Do not be confused with the earlier rape case filed against a previous US marine.
Since when did asphyxiation become a qualifying circumstance for homicide to murder?
This is not a rape case per se but murder.
You don’t get it. The author is trying to make out a rape case in defense of the marine, not for the gay. It might not even be murder for the gay, because the presence of passion, obfuscation is inconsistent with premeditation which is a qualifying circumstance in murder.
Sorry, but this is not a case of rape but murder. Your post is misleading.
Don’t be silly stupid. Even if Jennifer had misled the guy, that’s no reason for killing. You really have a warped sense of sensibility.
It’s no reason for killing, right. What the author could possibly be saying is that the gay’s deceit could pass for cause for passion-obfuscation as mitigating circumstance. This, coupled with the barely legal/minority status of the marine versus the seniority of the gay employing the deceit, could turn the tables and make out a rape case by the gay against the marine. Rape, as pointed out, doesn’t always involve force but deceit also (loss of will or consciousness). The law is not to be so rigid as to negate justice. Rather, the spirit of the law is such that justice may prevail. Bottomline, the author is saying it could be the gay’s fault and the marine could be justified for killing the deceitful gay who tried to rape him.
To the author:
While the first half article 266-A of the anti-rape law is gender specific (as quoted above) the second part covering object and ass-rape is not gender specific:
Article 266-A. Rape: When And How Committed. – Rape is committed:
1) 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.
2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.
So under the second part of the statute a gay man could be guilty of raping a straight dude if through the circumstances stated in the first half the gay dude ass rapes, or oral rapes, or instrument rapes a straight dude. there are no gender descriptors in the second part of section 266-A of the anti-rape law.
i am not getting the point of the whole rape argument though as other readers have pointed out that this is a murder case?
also i get a feeling that this article is trying to stack the deck against trannies in general by portraying them as liars? am i wrong?
Thanks. You can interpret this article as one that is “trying to stack the deck against trannies in general by portraying them as liars,” of course. That’s your prerogative. Or you can interpret it as one that presents an alternative perspective which I think you actually get considering you helped clarify said angle.
But to answer your question from my personal perspective, I’m saying that the circumstantial evidence so far observed supports the theory that Laude deliberately lied about the underlying nature of his physiology. The additional material citing Geena Rocero as an example illustrates an individual case. But if you read the actual news item linked to in the above article, you will find that the lie Rocero lived is actually sugarcoated by the “heroism” of his coming out as a transgender. But the fact I highlight here is that Rocero lied to his employer and his colleagues and that is simply wrong. Unforunately that wrongness has become a mere side issue that is outshined by this whole layer of PR spun around gay people “coming out” after years of deliberate deception.
The downplaying of this deception and the glamorisation of Rocero’s coming out is disturbing, in my opinion, because it is likely to further encourage LGBTs to go down a similar path of lying to achieve a goal then covering up that period of deception with a heroic “coming out” circus later.
first, such a breath of fresh air for someone to respond based on ideas instead of insults and/or ranting. yes, it’s possible to agree to disagree and remain respectful.
second, i’m assuming you have no issue against LGBTs and appear to tolerate them (saying in effect, that they need not lie about their gender). i also have a disdain for coming out circuses (so what if you’re gay, i didn’t have a staying hetero party).
however, not all people are as enlightened (see assorted homophobic posts here). so LGBTs are in their minds forced to lie to gain acceptance, avoid discrimination or being killed.
i have lived too long (or watched too much of the dark knight) and know that honesty may not always be the best policy.
as an aside: do you get paid to write these articles? do you take articles from readers?
praise: your articles are genuine discussions of current issues and not hardline stances on issues. we need more of that in the philippines. they should be required reading for high school or college social studies classes. keep doing the lord’s work.
@triple_r, thanks again. Yes I have no issue with LGBTs. But, like most normal people, I can relate with the annoyance and outrage of being lied to and deceived. The truth may not be the best policy at the moment in some circumstances, but more often than not, dishonesty=trouble in the long run.
Re your other question, all the authors and contributors of GRP are volunteers and don’t get paid. Whatever motivates or influences what they write outside of the range of visibility of GRP editors is none of our business. The key editorial criteria here is that each author be personally accountable to the critical scrutiny their work attracts from GRP readers and commenters. As such, the editors generally do not meddle in individual authors’ or contributors’ point of view or position on any matter.
Yes we do take articles from readers. If you are interested in contributing, email me at benign0@yahoo.com.
In the case of Rocero, hapless LGBTs will point out that because of “oppression,” they are forced to lie about their sexuality. But the thing is, why lie when it’s easier to avoid trouble by being honest about it? I remember the case I cited in my older article mentioning LGBTs, that of Domainlor Cabading.
In terms of career, I dont think it is important for rocero to disclose about her gender at birth since she has already transitioned. That fact doesnt matter.
But, in terms of dating and relationships, i think being transgender is an important information that must be shared to one’s partner.
the last paragraph about rocero’s story is irrelevant to laude’s story. This is not a well-written article.
“… Pemberton is described by his uncle as “a really good kid” while a neighbour called him “a friendly person” … ”
Where are his parents on all this?
I personally knew Joseph till he was about 12, he was the nices, kindest kid you could meet , and from what I’m told he grew up to stay that way…no one knows why Joseph did what he did….I personally do not think he snapped because he was deceived, and I know for a fact it wasn’t a hate crime, Joseph has a sister who is gay…He is from a bi-racial family that does not discriminate!!! I feel for the victims family, but there has to be more to this story then we know and I think it’s wrong for people to assume it was just plain murder!! He comes from a good family who loves him very much and my heart breaks for them because that could be anyone of our sons!
Mag,
you wrote “Joseph has a sister who is gay”. I am sure you meant to write “Joseph has a sister who is a lesbian”
Females are lesbians (if and when they love their own gender)
Males are gays (if and when they love their own gender)
Or they are both homosexuals.
Really? I thought both genders could be referred to as gay, my bad!
@Mag,
After reading the “gay” wiki, it seems that your statement is even okay. I always thought that “gays” refered to males/guys and lesbians refered to females/girls/women.
http://en.wikipedia.org/wiki/Lesbian
A lesbian is a female homosexual; a female who experiences romantic love or sexual attraction to other females.
http://en.wikipedia.org/wiki/Gay
Gay is a term that primarily refers to a homosexual person or the trait of being homosexual. The term was originally used to refer to feelings of being “carefree”, “happy”, or “bright and showy”. The term’s use as a reference to homosexuality may date as early as the late 19th century, but its use gradually increased in the 20th century. In modern English, gay has come to be used as an adjective, and as a noun, referring to the people, especially to gay males, and the practices and cultures associated with homosexuality.
By the end of the 20th century, the word gay was recommended by major LGBT groups and style guides to describe people attracted to members of the same sex. At about the same time, a new, pejorative use became prevalent in some parts of the world. In the Anglosphere, this connotation, among younger speakers, has a derisive meaning equivalent to rubbish or stupid (as in “That’s so gay.”). In this use, the word does not mean “homosexual”, so it can be used, for example, to refer to an inanimate object or abstract concept of which one disapproves. This usage can also refer to weakness or unmanliness. When used in these ways, the extent to which it still retains connotations of homosexuality has been debated and harshly criticized.
In comparing the laude case and rocero’s case in terms of misrepresentation of their physical attributes and thus “wrongness”, the author seem to imply that murder was justifiable in laude’s case and if we extend the logic further, US citizenship revoked and deportation proceedings would have been alright in the case of rocero’s case.
I think that the author’s peroration on motives is misplaced as the motives of the murder suspect should have been given more weight. Rocero’s case is irrelevant here as murder could not be treated in the same class as perjury. Neither are age and gender relevant in the commission of a crime.
Rape could be raised in this case but certainly cannot succeed and it is bound to fail. There is no indication whatsoever that rape happened basing on the evidences presented. Clearly there is a strong hate agaisnt the lady which is fatal that caused her to suffer a painful death. I would like to draw your attention that this case is murder someone has to be held responsible for it. You can not associate this case to Miss Rocero’s life journey. There is no similiarity on these two cases apart from successfully adapted a female presentation which i think is not a crime. Less weight would be given if you would say you acted violently resulting to death and punish the vulnerable because you are made to believe that the person you are with is not who they are. Bear in mind that the court would hear this argument but would not focus on this. The court would rely on facts and evidences surrounding the case that are more helpful to assist them in judging.
in all fairness I think the author’s preposition of the victim’s “gender deception” on this article is simple to state a case wherein the american accused can use as an excuse and not as the motive of the crime. I have read this on twitter that if indeed Laude deceived Pemberton of his real gender, Pemberton can use an excuse that the killing is accidental upon finding Laude’s real gender. of course murder is murder but we should set the right perspective on this case and not join the bandwagon of loud cries that is veering away from the real case.
I just had this thought, did Pemberton believe he was being robbed or something like that, which is why a transgender was carrying out deception? But that’s a wild guess.
Looks like the transgender community seems to work using deception, which ruins their image. And that will raise violent reactions from other people. So if we demand transparency from the government, can’t we ask of the same from ordinary people?
And the US did after all send drafted soldiers to Vietnam who were age 19. Remember the song by Paul Hardcastle?
It’s funny when I read: boo hoo hoo, he/she/it doesn’t deserve to be murdered. Here’s a thought, maybe he wanted to be murdered? I mean why else would he purposely try to deceive another guy, without expecting a physical response? I say it was suicide by penis, case closed
While your idea is unique, it doesn’t make any sense whatsoever. “suicide by penis”? really?
Yes, really. The young Marine was making out with what he thought was a beautiful girl, fists started flying (as expected) when the tranny’s dingaling came out. Tranny was a physical weakling that couldn’t take the beating, so he won the Darwin award. Ok, maybe it’s suicide by dingaling.
No, really. The young marine was a closet case gay who knew Jeffrey was male. When they got back to the hotel room he threw his legs up into the air and demanded that Jeffrey fuck him. Jeffrey refused. Pemberton became enraged and strangled Jeffrey. It is obviously suicide! LOL
Doing something that’s risky is not suicide, Suicide – the action of killing oneself intentionally. emphasizing “INTENTIONALLY”.
Seriously though, this homicide may probably also be a case of bdsm gone awry.
Troll just wants to justify murder. Dude, you’re in for a human rights trial with that.
This is not a rape case. The Male/Female issue will confuse legal experts. Laude deceived Pemberton…by trying to work as a “woman” prostitute. In truth, he was a man who became a “woman”.
It’s like making love to a Humanoid Robot Prostitute. The Humanoid Robot, looks like a “real woman”; acted in lovemaking like a “real woman”. Then, you found out: It was a Humanoid Robot prostitute.You are making love to a machine, not the “real thing”…Finally, you “killed” (destroyed) the Humanoid Robot Prostitute, in your outrage; because of the deceit…is this homicide or murder? I know Laude is a human being; and not a Humanoid Robot…but, there is a similarity in the situation…
The killing of Laude was not premeditated, nor was it done in consideration of any gain or reward. Absent these conditions, the crime committed is homicide and not murder as some claim it to be.
yep! Homicide, not premeditated……. So not murder!!
Wow, that is an elaborate story. I don’t think anyone will ever know what actually happened between those two people. A more interesting question is, why do filipinos love finger-pointing and cis-mis? Is it because justice in this country is usually “deferred”?
What is apparent in many comments is what “triple r” referred to in an earlier comment as: “lack of perspective and proportionality.” JUSTICE = JUST (FAIR)
I cited these instances; gathering from the informations I have received…this is not a “tsismis”…it could be the actual facts that happened…
They’re just trolls trying to mess things up.
It would be very difficult or impossible to get deception involved as the primary reason for killing. A move that is very elementary and basic which in the end would not in anyway favour the defendant at all. The heart of the matter is who killed the victim? Killing is what they are interested with not the deception, alcohol intoxication, rape , what the victim
does for a living, gender, or whatever you can think of. You can not consider reasons that are somewhat bizarre .
I don’t think so…why was the victim killed? Why did the victim used deceit to sell sex to the U. S. Marine? Prostitution, itself is a crime in our country. Hiring prostitutes is also a crime…
A good Lawyer can take the case…and can make it a winning case for the “Kano”…
reasoning is acknowledged, but still irrational.
Troll Harder…
Worry not everyone , the case is quite straight forward, would not take long to be concluded. The complexity is not much of a challenge to be honest.
From all the comments given, I was wondering why no commentary was ever made on the findings that two used condoms were found inside the room, a crime scene. If there was a deception, why did Pemberton, if he was the guilty party, used two condoms? Was he drunk not to realise or discover that when he was using the first condom it was a man he was penetrating? He must have been satisfied to use another condom to have sex with a man? Or was it a case of sadomasochism sex ritual that gone wrong? Also, wanted to explore one comment in this page that Pemberton was a closet gay? I wonder how this too would help enlighten many of the observers in this exchange of ideas and interpretation.
We won’t know the answer to that until they release information on whether or not the extent of Laura’s sex change operation included his genitalia.
I’ve stayed in the small hotels at Malate to party back in the day, and saw used condoms left behind by previous occupants at bathroom trash cans. The hotel in Olongapo shown on TV is WAY CHEAPER. No surprise they found used condoms, and way too easy to assume they didn’t belong to the lovebirds in question
Were the used condoms Pemberton’s or was there a customer before him who used the room? Still lots of possibilities.
Witnesses said Joseph left the room shortly after they arrived!
Looks like you guys just drew the Ire of Pixel Offensive some Facebook users whom they say you have blocked.
*and some Facebook users whom they say you have blocked.
And are now calling you Get Real Homophobic Philippines because of the statements you just made.
Everyone’s entitled to their opinions, I guess.
The real show will begin when they get to trial. With appeals, it will take a couple of years before Pemberton’s fate is determined.
Meanwhile, business as usual in Olongapo.
How could you ever explain a used condom
with fecal matter found in the bin. Anal sex occured obviously !!! meaning he knew and accepted Jennifer is in fact a transgender. Now the deadly anger might have came from when pemberton discovered he had some cash stolen. Now listen since background revealing is part of this article mentioned above. Let me just say this. In America you have to pay for university not everyone can affiord.. Joining the military could land you a job even if you are a high school graduate an option that most would choose. In reality the wage is not that high along with sacrifices of being offshore for months away from
family. Every cent count for these people and very cautious on how much they spend in every continent they land minding the exchange rate. Stolen 40 bucks would probably trigger extreme anger .
Karlson, quit pulling stories out of your ass. Forensic tests are ongoing, but so far authorities have NOT stated there was fecal material on any condoms. Further, the hotel rented rooms by the hour to a multitude of whores. Not noted for cleanliness, those condoms found could have been from days ago.
The marine was earning over $2,000 a month and his living expenses were $0. Don’t try to scam us with some bullshit story about how $40 is a lot of money. It’s not the amount of money that would cause anger, it’s the simple fact of having been robbed.
All of the facts are still out so we don’t know what actually happened or why. But if you are going to hypothesize, at least don’t be an idiot about it.
troll me not . worry about your writing not mine .
LOL NEGATIVE NAMAN YUNG DNA TEST KAY PEMBERTON HAHAHAHAHHA O ANO PAHIYA KA NGAYON… CGURO BADING KA DIN AT TYPE MO DIN C PEMBERTON HAHAHAHHA LOSER
now look someones being charge for murder
Not entirely accurate.
Read paragraph 2 of Article 266-A of the Revised Penal Code as amended by RA 8353. Rape can be committed by any person (man or woman) who shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person (man or woman) if done under circumstances mentioned in paragraph 1 (i.e., the 4 circumstances already mentioned in the article).
19 yeah, but he was allowed to hold guns and basically trained to kill people?
Suede, and your moronic point is exactly what?
As opposed to being 26, allowed to hold “guns” (if you know what I mean) and basically trained to deceive people, amirite.
Jeffrey Laude, on bended knees, was repeatedly chanting the Drill Instructor’s marching chant in the movie “Full Metal Jacket” to Joseph Pemberton. Laude to Pemberton: “This is your rifle. This is your gun. You hold your rifle while I suck off your gun!”
If im the invistigator, I would give more attention on the background of the suspect and the victim to find out what kind person they are….
Obviously you do not understand how violent lady boys. This was most probably self defense from violent attack. Thailand you can read of numerous killings by lady boys. Chemical imbalance from drugs to alter their body some say is the cause of their extreme psychopathic violent nature.
Actually, Somtam, you are right. They do have reputations as feisty little bitch freaks.
in military and in the police forces, there are noted gays to be so ferocious when they get mad. some of them even kill..
He’ll hath no fury like a ladyboy scorned. My guess is Pemberton deserves a medal for protecting himself against the older man Jeffrey. I have seen Ladyboys in action. They would certainly hold their own with a professional boxer. Recently in Pattaya a 21 year old Norwegian man had his throat cut from the high heel shoes of a ladyboy after he took exception after ladyboy touching his groin area while he was walking minding his own business. Ladyboys have such a violent and dishonest reputation some hotels ban them from entering.
The poor Norwegian boy died. What would the clueless be saying if Pemberton had lost I presume the fight and Died?
Everybody has the right to choose. If I chose to go out with a woman. Then that’s it. You plan your day to have a good time with a woman then at the very exciting part of your plan you found out that you were spending your whole time with a transgender, then I will also be so pissed. Not to mention that you were half way thru your intimate moment. I have no problem with transgenders, gay people or lesbians. My problem is being conned to something I chose not to do. Pemberton’s reaction was insane. He should not have killed Laude. But I do understand his anger on the way things happened for him. I also feel sorry for Laude but i think he should not have lied to Pemberton.
By the way, I am a Filipino.
They are wasting time with Pemberton when the real killer is roaming free. They don’t have any solid evidence tying up Pemeberyon to the murder.
All these about Pemberton are just now mere Communist propaganda to get rid of the EDCA and VFA.
People forget that the real issue is that of murder. If Jeffrey aka Jennifer Laude were a real woman, people would just focus on the murder angle. But since he/she is a transgender woman people seem to forget about the fact that he/she was murdered. A horrible crime was done and it matters not what the sexual orientation of the victim is. The fact that people still focus on him being a transgender female, means that our society does not accept transgender people yet.
Gen, you must be confused. That Jeffrey was a tranny is, while amusing, hardly the issue. If you have deeply rooted psychological issues and want to be a freak, it’s your right. Just as we have the right to laugh about it.
The REAL issue here is that our tranny Jeffrey was a) a liar, b) a thief, c) a fraud artist and d) a whore.
Sure, he didn’t really deserve to die (as far as we know), but now that he is dead the gene pool is far better off. Darwin won.
one of the most convincing evidence is the used condom. however, f pemberton refused to give a sample of his sperm, (it is his right) it can not be used as evidence in favor of either side. i just wonder…. f these two men acted/behaved as they should have be behaving, would there be a tragedy like this?
Jane, it was a crappy hotel used by two-bit whores who paid by the hour. That condom could have been a month old.
NEGATIVE NA NGA UNG TEST SO ANU PA PINUPUTOK NG MGA BUCHE NIYO EH HALATA NAMANG MUKHANG PERA C BAKLA AT MANYAK DIN SA TISOY… AMININ NIYO NA KASE NA KUNG HINDI MALIBOG C BAKLA EH DI BUHAY PA SIYA NGAYON… CONSEQUENCE UN OF HIS (NOT HER) MISTAKES…. BESIDES HE ALSO MISREPRESENTED HIMSELF AS A WOMAN… MARINE YAN O DI NADALE SIYA
He killed a person by stuffing their head into a toilet. This is a very aggressive act of murder. It has nothing to do with his feigned surprise at being duped into a homosexual act. He may have been a nice kid to his neighbors in the US, but to your country men, he showed up as a depraved murderer. Get real yourself.