Qualified trafficking

Dear Atty. Nico,

I am in desperate need of legal advice. I am 17 years of age and continue to live with my parents. However, for the last two years, I have been harboring ill-feelings towards them because they let this foreigner do horrible things to me. This person has been visiting us, giving us money and other valuable considerations.

But in return, he keeps on touching me in some of my private parts. He would even suggest that we have sex but, I would not accede to his invitation.

I tried telling my parents about it but instead of consoling me, they would even scold me for not reciprocating back. What do I do? Please help me.

Elsa

□□□□□

Dear Elsa,

First, I am deeply sorry that you are feeling this way towards your parents. However, this is no way to treat a child (a child is a person who is below 18 years of age or who is over 18 but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because of physical or mental disability or condition).

Your parents as well as the foreigner may be held liable for the crime of qualified trafficking under RA 9208 as amended. The elements of trafficking in persons were established in People vs Casio, as follows: The elements of trafficking in persons can be derived from its definition under Section 3(a) of Republic Act 9208, thus:

(1) The act of “recruitment, transportation, transfer or harboring or receipt of persons with or without the victim’s consent or knowledge, within or across national borders.”

(2) The means used which include “threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or the giving or receiving of payments or benefits to achieve the consent of a person having control over another; and

(3) The purpose of trafficking is exploitation which includes “exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs.

Applying the same in your case, there are indications that the above-mentioned persons are involved in the crime of qualified trafficking. Your parents engaged in harboring and receipt of the said foreigner in order to exploit you through their position of authority and your family’s economic circumstances. Worse, they allow such person to do repulsive objectification to your well-being, qualified by your minority.

Atty. Nico A. Antonio