Loko advertised on the internet that he was looking for commercial models for a TV advertisement. Ganda, a 16-year-old beauty, applied for the project. Loko offered her a contract, which Ganda signed. She was asked to report to an address which turned out to be a high-end brothel. Ganda became one of its most featured attraction. What is Loko’s liability, if any? What effect would Ganda’s minority have on Loko’s liability? (4%)
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Loko is criminally liable for Qualified Trafficking in Persons. Under Section 4(a) in relation to Section 6(a) of RA 9208, Trafficking in Persons is committed by recruiting or hiring a person through fraud or deception for the purpose of
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Quick check
What crime is committed by recruiting a person through false modeling offers for prostitution in a brothel?
Recruiting or hiring a person through fraudulent commercial offers for prostitution constitutes trafficking in persons under RA 9208.
What is the effect of the victim's minority (16 years old) on the crime of Trafficking in Persons under RA 9208?
Under Section 6(a) of RA 9208, trafficking a person below 18 years of age qualifies the offense.
Who is defined as a 'child' under the Anti-Trafficking in Persons Act (RA 9208)?
RA 9208 defines a child as any person below 18 years of age or unable to fully protect oneself.
Is the consent of a 16-year-old victim a valid defense in a prosecution for Qualified Trafficking in Persons?
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What element of human trafficking is present when an offender advertises fake commercial modeling jobs online?
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Learn more about these topics
1. Trafficking in Persons
Under Republic Act No. 9208, otherwise known as the Anti-Trafficking in Persons Act of 2003, trafficking in persons is committed by recruiting, transporting, transferring, harboring, or receiving a person by means of fraud, deception, or abuse of power for the purpose of prostitution or sexual exploitation. Deceiving a job applicant with a fake commercial modeling contract to lure her into a brothel for prostitution satisfies all elements of illegal recruitment for prostitution, rendering the recruiter criminally liable for human trafficking.
2. Qualified Trafficking
Under Section 6(a) of Republic Act No. 9208, trafficking in persons becomes qualified when the trafficked person is a child, defined as any person below eighteen years of age. Minority qualifies the crime automatically, increasing the penalty to life imprisonment and a fine of up to five million pesos. The consent of the minor or lack of knowledge of the minor's age by the offender does not diminish criminal liability, as the law protects children from sexual exploitation.
3. Deception in Recruitment
Under Republic Act No. 9208, the use of fraudulent representations, false advertisements, or deceptive employment offers to induce a person to submit to prostitution constitutes an overt act of human trafficking. The law penalizes the fraudulent act of luring individuals under the guise of legitimate career opportunities, such as commercial modeling, when the true objective is commercial sexual exploitation within a brothel.