The Makati City Prosecutor’s Office will charge a member of the Fraternal Order of Utopia with unjust vexation, after he admitted that he masturbated his fraternity brother and caused him discomfort.

At the same time, the city prosecutor found no probable cause to press charges against respondent Gaston (not his real name) for rape through sexual assault, doubting the complainant’s claim of anal rape because of the extortion that took place afterwards.

In a 7-page resolution, Prosecutor Leilia Llanes said she was “inclined to believed the version” of respondent Gaston (not his real name).

Gaston claimed the sexual encounter was initially consensual. But, he admitted that while he was masturbating complainant Samuel (not his real name), the latter screamed: “What the fuck, bro?”

The incident happened on January 13, 2019, when Gaston stayed the night at the Samuel’s condominium unit after getting drunk on eight glasses of sangria.

Gaston said that around 2:30 a.m., he mounted Samuel and masturbated their genitals. This caused Samuel to scream.

Llanes said the fraternity brothers “were only lured to try something new and experimented on what appears to be a sexual choice and freedom.”

But, it was “very clear that the acts of respondent got unto complainant’s nerves,” especially given the masculine culture of fraternities.

“As fraternity brothers, complainant might have realized the consequences of what transpired and awkwardness and humiliation got the better of him,” read the resolution.

“Such acts may have caused annoyance on the part of complainant which can only give rise to the crime of unjust vexation,” it added.

The prosecutor did not give credence to Samuel’s account that he was awakened by Gaston forcing his penis into his anus. Llanes noted Samuel did not submit any medical report confirming that he was penetrated in the anus.

She even found it “more alarming” that Samuel immediately demanded P250,000 from Gaston in exchange for burying the case.

Samuel even increased the amount to P4 million. He dropped his demand to P1.5 million, but with the condition of Gaston not enrolling in any law school in Metro Manila for five years.

The prosecutor said Samuel’s demands planted “seeds of doubt” regarding the truthfulness of his claim of anal rape.

“There were strong indications pointing to the possibility that the charge was merely motivated by some factors except the truth as to its commission,” read the resolution.

“Verily, we see no blood or bruises here, and we are not persuaded by the sham injury or the crocodile tears of complainant as his allegations do not meet the set of criterion to indict respondent,” it added.