‘Nicole’ recants, clears Daniel Smith

[joshua259]

---

maayong kasuhan na balik si nicole mao di ai kay na ai black motives.unsa on lang maayo kaayo mo himu storya.nalipay pa cya+naka kwarta+na ka adto america.

i think ma accuse si nicole of libel cause she is falsely accusing someone of rape when in fact she admitted that she was not raped.

[joshua259]

samokan ko anang gabriela.
nahan daw ma protect ang women from abuse.
nya ang mga babae kung makakita na sa dollar, dritso man dayon ug hayang.

ayaw sad kalimti sa ka gwapo og ka DAGKO sa mga foreigners... hahahaha

[fanatic_me]

dli jud ko ganahan aning Nicole!! murag gidula-dulaan lng ang justice sa phil. PAKA-UWAW!!! NAWONG KWARTA!!!!

[vergievergz]

Nope, bsag hubog ka or not. If bigaon jyud ka, mugawas rag tinuod nimong ganahan.

then does this imply na kng bigaon ka, u can never plea that ur capacity to give consent to s3x has been compromised??does this mean that indecent women portraying indecorous behaviors cud not plea that they hav been raped??myb only decent women can be raped then??

[vergievergz]

Actually, the victim's level of intoxication is crucial in determining whether or not she was capable of giving consent to intercourse. However, in this case, 'Nicole' was not tested to determine her blood/alcohol level during the investigation and the court incorrectly (in the criminal trial) ruled that she was too impaired to give consent to Smith. Poorly investigated, maliciously prosecuted, and then improperly adjudicated by judge Pozon.

Nicole's blood/alcohol level was not tested during the investigation, myb coz wen she pleaded she was being raped she was no longer intoxicated and some time already had passed??in the CA's decision, it trivialized the "No" of the "drunk" Nicole..they stated that "Resistance by words of mouth does not suffice to establish that she indeed did not give her consent to the sexual intercourse." therefore they were aware of the fact that Nicole did said "No", ryt??for wat wud be sufficient to establish your resistance to intercourse??a memo??

[istoryansucks]

from the very start klaro kaayo si daniel smith innocente ato .kahibalo ka sa mga prosti nato ila lang pangwartah mga amerikano para dali maka lusot sa amerika like nicole. pero bilib ko guts ni nicole na ka dare cya himu ug storya.

[godwhacker]

Sus naa na sad lain ganahan ug US visa!!! Mao gihapon mga nawonga. Evalyn Ursua and her minions from Gabriela.



New rape victim is no ‘Nicole’

By Nikko Dizon
Philippine Daily Inquirer
First Posted 05:04:00 05/15/2009

Filed Under: Crime and Law and Justice, Rape

MANILA, Philippines—The 22-year-old woman who has accused a United States serviceman of raping her last month recounted her ordeal in a press conference Thursday.

But “Vanessa” (not her real name), described as a student at a private university, said she was not filing charges against the alleged attacker she called “John Jones,” said to be a Marine participating in the Balikatan (shoulder-to-shoulder) joint military exercises between the Philippines and the US.

Vanessa, her head covered by a lilac-colored shawl and wearing a white long-sleeved blouse and dark glasses, had her back turned away from the media during the press briefing.

She left immediately after reading her prepared statement in Filipino.

Evalyn Ursua, the lawyer of “Nicole” in the Subic rape case, said she had spoken with Vanessa and the latter insisted she would not file a case against her alleged rapist because she was discouraged by the way the Nicole case was treated by the government and the justice system.

Gabriela secretary general Emmi de Jesus said the young woman wanted to reveal the rape incident as part of her “healing process” and to prevent a similar incident from happening again.

In her account, Vanessa said Jones raped her in a Makati hotel last April 18.

She said she had met Jones, who introduced himself as a US Marine, last April 10 in a bar at The Fort in Taguig City. He asked for her number and they met again five days later, also at the Fort.

The victim said she and Jones were with separate groups of friends and the two groups got together and talked until the wee hours.

On April 18, Vanessa said she was at a bar when she received a text message from Jones. He joined her there with three other women.

Jones invited her to a Makati hotel and told her that the friends they were with a few nights before would be joining them. They chatted for a while.

When Vanessa made a move to leave, saying his girlfriend might not like it if she sees her there, Jones got mad and slapped her on the face.

She said he threw her on the bed and raped her. He held her neck while he repeatedly slapped her, she said.

Vanessa said she was only able to leave after she threatened to “break the television with the remote control.”

She was brought by the hotel security and staff to a police station where she was able to file a report.

Ursua said Vanessa was examined by a medico-legal within 48 hours of the rape incident.

She said Vanessa had executed “a long sworn statement” and they would be ready with evidence if the victim decides to pursue the case.

“What is clear is a rape incident happened. She was treated violently. She had bruises on her neck when I saw her, she underwent a medico-legal examination within 48 hours. There is physical evidence [of rape] seen by the doctor who examined her,” Ursua said.

The Presidential Commission on the Visiting Forces Agreement (VFACOM) Thursday called for an impartial investigation into the rape claim.

Undersecretary Edilberto Adan, the VFACOM head, said the VFACOM would coordinate with police authorities.

“It is the right of any crime victim to file a complaint with police authorities, and it is the duty of the police to conduct an impartial investigation. Rape is a serious crime,” he said in a statement.

The United States Embassy said it viewed with serious concern the allegation of rape against another visiting US soldier.

Deputy spokesperson Karen Schinerrer said in a text message that the embassy had no additional information on the matter.

“However, the US takes seriously specific allegations regarding activities by visiting US personnel,” she said.

In 2005, “Nicole” accused a US Marine, Lance Corporal Daniel Smith, of raping her at the Subic Freeport. Smith was convicted in 2006 and sentenced to up to 40 years by a Makati court, but won an appeal with the Court of Appeals last month.

Last March, Nicole recanted her rape allegations. She accepted money from Smith and went to live in the US with her American boyfriend. With a report from Cynthia D. Balana

[luwid]

hahaha.. mao na ako gibasa ganiha... another ticket to the USA

[eax]

Yah. another Visa. Same old faces and group. Same old stories.

[SPRINGFIELD_XD_40]

- They can make all the stories they want . I need names of the HOTEL , SECURITY GUARDS , STAFF and the EXAMINER .
- SHe should have used a name ROBERT SMITH instead of JOHN JAMES . Common kaau na siya na ngalan oi lols !
- US NAVY to GABRIELA and to those who wants US VISAS's .... LICK OUR SALTY BALLS !