Wednesday, January 29, 2014

Vhong Navarro was a victim of a setup

For us to further understand what really happened in the Vhong Navarro mauling incident, we need to understand what really happened on January 17, the day when Vhong claims that something happened between him and his accuser, Deniece Millet Cornejo.

Navarro, who claims to know Cornejo for about two years already, says that "something happened" between him and the 22 year old commercial model. That "something" is, according to Navarro, is oral sex. There was no sexual intercourse.

January 17 is very crucial because it dictates why January 22 happened in the first place. Some quarters believe that January 22 was actually setup to "punish Navarro for his indecent acts towards Cornejo last January 17. This explains why Deniece was texting Navarro to lure him again into her condo and thereafter, punish him for exploiting her weakness last January 17.

It is common knowledge that Navarro maintains a relationship with another girl while Cornejo and Cedric Lee had this thing going on together. There is a strong possibility that Cornejo regretted what had happened between her and Navarro and this infuriated Cedric Lee.

The thing is, if it was a setup, why did the camp of Cedric Lee and Deniece Cornejo told the public a separate story altogether?

Well, for one, Cedric Lee and the rest of his gang are liable for inflicting physical injuries against Navarro. They cannot use any justifying or mitigating circumstances there because even if something bad had happened on January 17, they cannot use the justifying circumstance of defense of honor or defense of a stranger because the window the law provides to justify a retaliatory action is just 24-hours after the occurrence of the illicit action.

Meaning, if you caught your wife cavorting with someone, you can kill them both and use the justifying circumstance of defense of honor. You will still be punished yet, the punishment may not be meted or at the very least, the punishment may be mitigated.

That January 22 have all the halmarks of a setup to punish Navarro for that "something" last January 17. It seems that Navarro misinterpreted what Deniece texted him.

It is likely that Deniece felt "violated" when Navarro had oral sex with her last January 17. In Navarro's sworn affidavit, he admitted that Deniece was drunk.

Some quarters say Deniece probably told her friends, including Cedric Lee about what happened and they conspired to punish Navarro come January 22.

Why do I say so?

If it was not a setup, how come that Cedric Lee had all his friends there at the time of the crime? He even had his UFC friend in tow. It clearly shows a setup.

Now, can Cedric Lee claims a defense alibi? No. He is definitely liable for serious physical injuries. Now, on the extortion charge, will it stick? The evidence shows that it will not. Now, if Vhong Navarro claims that the physical injuries were part of the extortion attempt, he will lose this case. If it was filed as a separate crime, then, he will win.

Okey.

So, what if Deniece Cornejo files an attempted rape charge against Navarro and use the January 22 incident, it would be a fight against her word and Navarro's. Usually, the court favors the testimony of the victim in rape cases. However, extreneous evidence will invalidate Cornejo's claim..

In the crime of rape, there must be sufficient evidence that the victim repeatedly defended herself from the advances of her attacker. It is not essential that there is sexual intercourse--it is enough to convict someone by forcing himself against his victim.

It is best that Cornejo backtracks and files a case of rape using the January 17 incident. There, she stands a good chance of winning her case against Navarro because Navarro admitted that something happened which is oral sex.

Oral sex is already penetration, according to the contemplation of the court. It is highly possible that illicit advantages were taken during the time when Deniece was drunk with wine. If Deniece will be able to prove that inspite of being drunk, she actually tried to resist, that would be enough to convict someone of a crime of rape against her.

The onyl thing here is this--someone told me that if Deniece really thought of filing a rape case, she should have done it at the time when the crime against her was committed. Wrong. The prescription usually is about six months. There is still ample time for Deniece to file something today.

Of course, the defense will probably counter that the sex was consentual given the fact that the two, the alleged victim and the attacker continued on texting. This fact is very weak if used as a defense.

It would be that the reason for that texting is that the victim wanted a revenge. And that revenge she got when her buddies mauled the hapless Navarro last January 22. This explains why both camps agreed on an amicable settlement when they went to the police. Deniece got her justice when Navarro was mauled.

So, okey.

Navarro will win his physical injuries charge against Cedric Lee and gang. If Deniece files attempted rape, she stands a good chance of winning, if she uses the January 17 incident, not the January 22 because extreneous evidence will show (CCTV) that indeed, it was a setup.

Why so?

The time which took the gang to come up in Deniece condo was so short a time. There was evidence of Deniece going out of the room alone shortly after Navarro's entry, proving Navarro's claim. Likewise, imagine eight people

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