Philippines president pardons US marine in transgender killing

Interesting turn of events.

President Duterte granted an absolute pardon to United States Marine Private First Class Joseph Scott Pemberton for the homicide of a transgender woman.

(Note: He may be a Lance Corporal, I see conflicting accounts on that point.)

While on a fleet exercise in the Philippines, Pemberton picked up what he evidently mistook for a “real” woman. And when they got to the motel and Pemberton saw a penis instead of a vagina, he flipped out and drowned the victim in a toilet.

I do agree with Pemberton being convicted of homicide rather than murder under Philippine law, as the act was committed in the heat of anger, not premeditated.

However, I oppose this pardon deeply. Pemberton should have served the full ten years of his sentence, rather than just a little over half. He committed a serious crime and should have served the full sentence.

Pemberton’s future is uncertain. He has been serving his sentence in the custody of the United States Navy at a U.S. facility in the Philippines. He likely will quickly be deported to the United States, where he will revert to the custody of the United States Marines, of whom he is still a member.

I suspect they will want to get rid of him quickly.

  1. They may find something to charge him with that includes the possibility of a Dishonorable Discharge or Bad Conduct Discharge.

  2. They may simply administratively discharge him under other than honorable conditions.

The Marines could charge him with manslaughter. As the Philippines is a separate sovereign, double jeopardy does not apply.

10 U.S. Code § 919 - Art. 119. Manslaughter

(a) Any person subject to this chapter who, with an intent to kill or inflict great bodily harm, unlawfully kills a human being in the heat of sudden passion caused by adequate provocation is guilty of voluntary manslaughter and shall be punished as a court-martial may direct.

(b) Any person subject to this chapter who, without an intent to kill or inflict great bodily harm, unlawfully kills a human being—

(1) by culpable negligence; or

(2) while perpetrating or attempting to perpetrate an offense, other than those named in clause (4) of section 918 of this title (article 118), directly affecting the person;

is guilty of involuntary manslaughter and shall be punished as a court-martial may direct.

Not surprised by the pardon, at all. Just another chapter in the sad book of trans women being murdered.

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Should be a court martial followed by a dishonorable discharge but I freely admit I do not know the ins and outs of the US military’s legal system so perhaps that would be difficult.

A Dishonorable Discharge can only be adjudged by a General Court Martial and is given as part of the sentence. A Bad Conduct Discharge can be adjudged by a General Court Martial or Special Court Martial and is also given as part of the sentence.

If Pemberton is not tried, the worst he can receive is a General Discharge Under Other than Honorable Conditions, which is an administrative discharge.

Dishonorable Discharges and Bad Conduct Discharges are punitive discharges.

Thanks for clarifying, so if he gets a general discharge under other than honorable conditions would be a red flag to future employers?

Yes, it would effect employment prospects and disqualify him from a number of programs and benefits.

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The person didn’t deserve to die - but if you’re not fully a woman you should tell that to the guy at the bar before you go to his/your place for sex.

Did our government have anything to do with this?

Duerte’s America…

I have issues with certain things trans women advocate that affect women’s rights, but we don’t know exactly when he killed. He could have done after the sex. It’s not the first time guilt over having what is perceived as taboo sex led people to kill others.

I agree, actually. Not outing yourself is not worth putting your life in danger. Some are okay with it but still freak the ■■■■ out after the fact.

Yes. When friends find out, some men are driven to commit homicide of the trans women they’ve more than likely seen on multiple occasions.

I don’t know if I agree with this.

Is it a general rule that a sex partner must disclose prior surgeries which have no bearing on consent, attraction or sex acts?

It would be a red flag, but wouldn’t keep the discharged from attending school or eventually finding employment.

If I read the article right - the guy still had a penis.

So he was not fully a woman.

If the guy he picked up expected him to be a woman - then it was pretty damn stupid of him to say, "Yes, I’m a woman, but then reveal that penis at the end!

Maybe I misunderstand what transgender is - but isn’t their ultimate goal to be fully the man or woman that they want to be?

So if you want to be a woman and have straight men for sex, you damn well wait until you’ve had “the op” until you start trolling.

That’s just common sense, I would think.

“Transgender” applies pre-op.

Without getting into the politics of gender, overmuch, what are the general rules that apply between sex partners, when it comes to revealing body modifications that do not abridge consent?

Do you have to reveal hair restorations? A weave? Tattoos? Piercings? Hair coloration? Underwear style, color, or absence?

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I guess I’m pretty much in alignment with AlexMcAlpine.

If two people agree to consensual sex between adults when one is expecting penis/vaginal sex from the other, the other not having a vagina is a pretty big deal.

Paired consent on leaving an establishment to go off and have sex is contingent on informed consent.

[NOT saying that it is justification on the Marines actions, it was not. He should have said “not my thing” and left instead of killing her.]

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I’m not really focusing on that, for a reason.

I’m trying flesh out the rule-making, esp. when it comes to modifications of body. Why do we believe one kind of self-modification demands disclosure, but not countless others? What is the distinction that changes the rule, and why does this distinction also extend all the way to homicide?

How do you know he wasn’t expecting there to be a penis?

Because I was a sailor that pulled liberty in the Philippines.

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