UP Ibalon Bicol: American serviceman’s acquittal could discourage future lawsuits against rape by foreigners

American serviceman’s acquittal could discourage future lawsuits against rape by foreigners

4/25/2009 | Posted by mesiamd | Edit Post

“Tearfully, bewildered, alone and confused, in a strange place, dumped in a curb literally with her pants down, she remembered her mother and what she would say. She remembered too, her boyfriend Brian. She had to hit back in the only way she could – to salvage, at least, a vestige of her self-esteem." ---Court of Appeals on Nicole. Malaya (04/24/09, De Vera, E)

After a protracted trial of US Marine Lance Corporal Daniel Smith who was accused and found guilty of rape, the Court of Appeals (CA) on review of the case, reversed the decision. He was earlier sentenced to 40 years in prison while criminal charges on his companions namely, Smith, Staff Sgt. Chad Carpentier, and Lance Corporals Keith Silkwood and Dominic Duplantis were dropped.

Accused by a 23 year-old Filipina named Nicole, Smith who was part of US troop contingent participating in a military exercise, was acquitted after “a careful and judicious perusal of evidence” did not convince Associate Justice Monina Arevalo-Zenarosa of his guilt. After his acquittal on Friday, April 24, 2009, the American serviceman was released from detention and immediately left the country.

Nicole who is now in the United States received P100,000 from the accused as compensatory damage ruled by the Regional Trial Court of Makati City. On March 12, 2009, she recanted and signed an affidavit expressing doubts on the accuracy of her testimony that Smith raped her. She said she was too drunk to ever know.

The case drew street rallies in Manila which find the overturned rape conviction degrading to Filipinos. Angry protesters slammed the RP-US Visiting Forces Agreement which they believe is lopsided in favor of the Americans. They suspected Nicole have been pressured to recant her accusations to the detriment of other women who might be placed in a similar situation.

Sen. Francis Escudero aired his dissatisfaction over the CA decision saying, ““It’s really saddening to see that Filipinos, who have been victims of discrimination overseas, are even placed at a disadvantage against foreigners in their own country.”

“Before fingers are pointed at Nicole again for doing a disservice to her own defense by virtue of her retraction and the choice for a normal life, we stand firm to our view that Daniel Smith’s acquittal is nothing but a consummated process of betrayal perpetrated by both the US and the Philippine governments,”----Partido ng Mangagawa spokesman Judy Ann Miranda Philstar.com (04/265/09, Calica, A)

Blistering reactions came from Sens. Loren Legarda, Pia Cayetano, Makati Mayor Jejomar Binay, Caloocan Bishop Deogracias Iniguez and Zamboanga Rep. Maria Isabel Climaco-Salazar.

Organizations like the Partido ng Manggagawa (PM,) Association of Major Religious Superiors of the Philippines (AMRSP,) Bikolano Alliance for Nationalism against Balikatan (BAN BALIKATAN,) Gabriela and EnGendeRights joined the government leaders in assailing CA’s decision of setting Smith off the hook.

It looked like a “happy” ending for Nicole and Daniel. But the case stirred fresh opposition to the American military presence in the Philippines and opened new accusations of RP’s subservience to the United States as reflected in RP-US Visiting Forces Agreement. After the his conviction (pending result of the appeal,) Smith was handled by the US embassy and not by the Philippine prison.

Street protests were held condemning the CA decision; irate Filipinos felt they got the bitter part of an insulting deciison. Doubts lingered whether justice was served. The suspicion of “behind the scene” maneuvers that absolved the US marine of culpability remained. During the alleged rape it was clear Nicole was too drunk to have the mental faculties to decide for a “consensual” sex.

It's outrageous how the justice system of the country is manipulated to suit an ending that is expedient, but detrimental to the credibility of the courts. The handling of Smith's case can thwart future prosecution of foreigners who commit crime in the country.(Photo Credit: AP/ Pat Roque x 3) =0=

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Labels: Acquittal, AMRSP, Court of Appeals, crime, Daniel Smith, Gabriela, Justice, NIcole, Partido ng Mangagawa, protest, rally, rape, RP-US Visiting Forces Agreement, sex

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American serviceman’s acquittal could discourage future lawsuits against rape by foreigners

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