Subic rape case:US Marine Daniel Smith guilty – three others aquited

A US Marine has been found guilty of the crime of rape in the philippines, Daniel Smith was convicted based on 14 specific points the judge found were inconsistent with possible consensual sex and upheld the charge of rape.

It is the first case of a conviction in over 3,000 cases filed according to media reports versus US servicemembers in the Philippines.

Called the subic rape case, a trial whihc has lasted since November last year and twice changed judges before the Makati City Court foiund him guilty and ordered him in the custody of the Makati City jail. Three others also with Smith were aquited Staff Sgt Chad Carpentier, Lance Cpl Keith Silkwood and Lance Cpl Dominic Duplantis.

14 counts were cited in the desision the primary reason for the conviction was the state of inhibition – she was drunk and carried out of the bar harldy a state which could have given consent to a sexual act.

It has been a long public and sometimes very emotional issue that goes far beyond the scope of case of assault and crime versus a person which is what rape is – and has become for some groups a rally point to bash everything wrong with Philippine – American relations over the last 100 years – or to some what has gone right since then.That it even made its way to court is a prime example of how things have changed.

In the past cases like these were settled or soldiers shipped away before charges could be filed. That it is in court is major change.

It is also a test of a agreement that is controversial – the visiting forces agreement – which provides some immunity to US personnel who may commit acts contrary to law while in the Philippines. But this specific act- a personal crime of assault – is being tried for the first time under conditions set by the treaty.

The case versus 4 American members of the US Marine Corps was filed by a woman who was vacationing at the economic zone while members of the USS Essex battle group were in port to take part in exercises.

The verdict: GUILTY

US Marine convicted of rape in Philippines
International Herald Tribune, France -
‘Rape victim’ confident Marines will be convicted Gulf News
Philippines court finds US Marine guilty of rape Scotsman
Reading of verdict on Subic rape case starts (1:25 pm) Sun.Star

Marine gets 40 years in Philippines for rape
USA Today -MANILA (AP) — A US Marine was convicted Monday in a landmark rape case and sentenced to 40 years in prison, ending a long, emotional trial that has strained 

Philippines court finds US Marine guilty of rape
Reuters.uk, UK - MANILA (Reuters) – A US marine has been sentenced to life imprisonment after being found guilty on Monday of raping a Filipino woman

Pre-verdict:

Makati court under tight security (1 pm)
Sun.Star, Philippines - … happened inside a moving van at the former US Naval base at Subic Bay after … permanent blot on the record of the US servicemen in the Philippines,” the woman’s …

Background:

Subic rape complainant prepared for verdict: lawyer
Sun.Star, Philippines - – On the eve of the ruling by a Makati court on the controversial rape case filed by a 23-year-old Filipino woman against four US Marines, the …
Subic rape case verdict seen having impact beyond RP court INQ7.net
‘Nicole’ goes to church ahead of verdict on rape case INQ7.net
‘Nicole’s’ supporters mass up before Makati court INQ7.net

On eve of decision on Subic rape case:
Bulatlat, Philippines -
This was what Joan Salvador, chairperson of GABRIELA Youth, told reporters on the eve of the promulgation of the verdict on the Subic rape case.

Subic tourism not affected by rape case, says SBMA chief
INQ7.net, Philippines -
SUBIC BAY — Tourists continue to flock to this former American military air base, unaffected by the eponymous rape case that drew the interests of people the …

Nicole’ confident, goes on retreat before rape verdict
INQ7.net, Philippines -… She was, even for a few weeks free from all the issues hounding her and her case,” said Yuen Aban from Task Force Subic, which has been supporting “Nicole …
Filipino woman who accused US Marines of rape says she is … International Herald Tribune

US marines hope for acquittal in Subic rape case
ABS CBN News, Philippines -
Two of the US marines accused in the Subic Rape case are nervous but hopeful that they would be acquitted, ANC reported Friday. …