Showing posts with label rape. Show all posts
Showing posts with label rape. Show all posts

PostHeaderIcon Polanksi held in Zurich for rape committed three decades ago

9/28/2009 | Posted by mesiamd | Edit Post


After escaping sentencing for a statutory rape of a 13 year old in Beverly Hills, California in 1978, acclaimed director Roman Polanski was taken into custody in Zurich, Switzerland. The controversial film director was arrested on the basis of an extradition and Swiss authorities coordinated with US legal officials to decide whether he would be sent back to the United States to face the law.

“Polanski, now 76 and a married father of two, asked the court to throw out the entire case based on new allegations of prosecutorial and judicial misconduct detailed in an HBO documentary last year. The L.A. district attorney’s office argued that he could not make such a request while a fugitive, and an L.A. judge earlier this year agreed. A 1997 attempt at settling the case also failed.”----Los Angeles Times (09/27/09, Ryan, H.; Blankstein, A.)

The Hollywood fugitive, Polanski, a French citizen dodged arrest for decades,. He arrived on Saturday, September 26, 2009 in the Swiss capital city to attend the Zurich Film festival honoring his cinematic works. Officials of the film event were flabbergasted over Polanski’s arrest. The director was behind celebrated films like Rosemary’s Baby, Chinatown, and the Pianist which won him an Academy award in 2002.

Disregarding the crime, French and Polish political and cultural elite defended Polanski and asked for his release. Artists and film makers also wanted the director’s freedom questioning the motive behind the arrest.

Yet, if the law has to take its course, Polanski, no matter how famous and talented he is must not be above the law. Failing to appear in his sentencing in 1978, his warrant of arrest is still in effect. (Photo Credit: Gullaume Horcajuelo/ European Press Photo) =0=

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PostHeaderIcon After Nicole, comes Vanessa, another Pinay cries “rape” against a US serviceman

5/15/2009 | Posted by mesiamd | Edit Post


The sensational rape case of Nicole against US marine Lance Cpl. Daniel Smith went into an abrupt end when the accuser turned back from her allegations, overturning the guilty verdict--- giving the alleged American rapist an acquittal. The public wasn’t completely sure of what happened, but there are those who suspect the US embassy in Manila had something to do with Nicole’s change of heart. Before the acquittal, Nicole was awarded about P100,000----as a compensatory damage given by Smith. The US serviceman didn't ask to bring back the cash upon his acquittal.

NIcole said it was in a fit of drunkenness that she had sex with Smith. She and the serviceman man went on separate ways after the acquittal, both leaving for the United States. That was a cumbersome sensational coverage of their legal battle in the Philippines which has some adverse ffect on how the country looks at crime, particularly rape--- those committed by foreigners.

After Nicole, comes Vanessa who also cries rape against another US serviceman. It’s too early to tell if this woman is telling the truth. Evidence to prove her case hasn’t been laid in the open. The 22-year old Pinay alleges that she was forced into having sex with the US serviceman in a plush Makati hotel on April 19, 2009. It’s reported she sought medico-legal examination after the incident.

Helped by Gabriela, a pro-woman human rights group, Vanessa is mulling on whether to charge her alleged attacker. Perhaps because of the outcome of Nicole’s rape case, Vanessa, hasn’t decided if she’ll pursue her accusations. Her ambivalence shows how a previous rape litigation like Nicole's has affected this case. (Photo Credit: Jsdart) =0=

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PostHeaderIcon 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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PostHeaderIcon Widening gap of justice, abuse of presidential pardons, & the poor who are left in jail

3/20/2009 | Posted by mesiamd | Edit Post



It has been said that about 3 out of 4 prisoners in the Philippines are victims of judicial errors Many of them are poor and vulnerable. They are forced to admit guilt so that they can move to the New Bilibid Prison (NBP) where food and living conditions are better than the crowded jails in the country. Poor prisoners in other penal colonies languish longer and are treated badly during incarceration than their rich counterparts, making the public believe justice in the country is a farce.

"Inmates are dying in our city jails at an alarming rate. They are suffering from boils, tuberculosis, chicken pox and other simple but highly communicable diseases. In the Quezon City Jail alone, there are two to five deaths per month. The sad fact is that they are dying before being sentenced." ---Raymond Narag (ex-prisoner)

The widening gap of justice truly exists in the country, but almost no one complains about it. In this backdrop Pres. Gloria M. Arroyo commuted the two life terms of Romeo Jalosjos for raping an 11 year old girl in 1996. For his horrible crime which include lascivious acts, the Zamboanga del Norte congressman who shows no remose, enjoyed extensive prison privileges while in jail for only 13 years. Jalosjos put his money and influence to full use----building a tennis court, a gym, and bakery in the NBP.

These “benevolent actions” by Jalosjos which led to the shortening of his prison stay can’t escape the scrutiny of Emmi de Jesus, secretary-general of the militant women-group Gabriela, who sees gross errors in how justice is carried out. De Jesus who believes Jalosjos’ pardon is a payback to the political help given to Pres. Arroyo said:

“Marso ngayon ano, supposedly Buwan ng Kababaihan. Mukhang ito yung mockery of justice na binibigay ni Ginang Arroyo. Walang remorse, walang pag-amin sa kasalanan niya (Jalojos). Paano na yung mga kababaihan na humihingi ng katarungan na ngayon ay vulnerable sa various forms of violence?" .

[Jalosjos’ release, which happens this Women’s Month, seemed to be a mockery of justice by President Gloria Macapagal Arroyo. (Convicted rapist) neither showed remorse nor admission of guilt. What about the welfare of the women who are vulnerable to various forms of violence?]---GMA TV News (03/19/09, Dedace, SM)

Quezon Representative Lorenzo "Erin'' Tañada III is alarmed by President Arroyo‘s exercise of presidential clemency which leads to more rich and powerful inmates being set free. Palawan Representative Abraham Mitra also airs the same concern when he urged Arroyo to use executive pardon "judiciously and carefully."

But politics and favor-peddling have a lot to do with these kinds of decision. It is easy to understand that a prisoner who donates infrastructures in a prison compound may have motives beyond being altruistic. Special treatment is one thing that rich detainees can work on so they get protection from their friends in the system. It's one of the easiest ways to cultivate influence and get the graces of prison officials.

After a tedious and costly court battle that eventually convicted Pres. Joseph Estrada of plunder, Arroyo wasted no time in pardoning the felon---a decision that continues to divide and hurt the entire nation. Estrada didn't serve in a traditional jail, but in a well-furnished comfortable seclusion.

In total disregard of the gravity of the crime and the unresolved questions related to the Ninoy Aquino-Rolando double murder case, Gloria freed the 10 remaining military men convicted of the airport murders. Since 1983, few Filipinos took genuine heart on the significance of Ninoy's death, ignoring the loss and suffering of the country under Pres. Ferdinand Marcos. Like Jalosjos and Estrada, the 10 convicts in Ninoy's assassination never expressed guilt or remorse--- basic requisites of pardon.

Mostly left in the crowded prisons are the poor and those who have no influence in lording over the weaknesses of the corrupt system. Many are young and defenseless. Filipinos who disdain the unpopular president can only express their cynicism and apathy towards the poor state of the penitentiary. They feel they can’t do anything about the injustice that goes on there. (Phtoto Credit: Suntoksabuwan; planetradio x 2) =0=



RELATED BLOG: "90% of RP crimes are solved in less than 1 year: a lie that can make you cry?" Posted by mesiamd at 12/19/2008; "Pardon and (In)justice: Ninoy’s killers freed" Posted by mesiamd at 3/05/2009



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