US serviceman found guilty of raping Filipina, 3 others acquitted
A US military serviceman implicated in the Subic rape case was found guilty by the Makati Regional Trial Court more than a year after the rape took place, ABS-CBN News reported.
Makati RTC Judge Benjamin Pozon of Branch 139, however, acquitted respondents Chad Carpentier, Dominic Duplantis, and Keith Silkwood of the rape of the complainant "Nicole."
Pozon said respondent Daniel Smith is proven guilty beyond reasonable doubt for raping Nicole while she was dead drunk at the back of a Starex van. The rape took place during a short ride inside Subic Bay Freeport on the night of November 1 last year.
Nicole testified that she was drunk and helpless to stop Smith from raping her, as the other marines inside the van cheered him on.
"Smith raped me and they just dumped me on the pavement," Nicole said. "If I was not telling the truth, why would I put myself through this situation?"
Prosecution witnesses testified that the complainant was drunk and had to be carried on Smith's back into the van, then lifted out of the vehicle "like a pig" and left on a sidewalk with her pants down.
Smith, however, maintained that he and Nicole had consensual *** inside the van, and that the complainant was coherent throughout the time they were together. His co-accused denied abetting any crime inside the van and supported Smith's testimony that Nicole was a willing partner.
The case has stirred emotions in the Philippines and resurrected controversies linked to the US military's presence in the Philippines, which has been credited with helping Filipino troops crack down on militants in the country's restive south.
The verdict was issued weeks before the mandatory one-year trial lapse under the Visiting Forces Agreement (VFA).
The RP-US treaty stipulated that Philippine courts must render a decision on cases against American servicemen within a year or else lose the authority to compel them to appear in court. While Philippine and US authorities differed in interpreting the treaty, the VFA kept the accused under US custody throughout the four-month trial.
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