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No rape! CA's women justices reverse Cpl. Smith conviction
The Philippines has many âNicolesâ The Philippines has many âNicoles," but only Suzette Nicolas was served justice when the Makati Regional Trial Court convicted Lance Cpl. Daniel Smith of rape on December 4, 2006. From 1981 to 1988, when the US military bases were in the Philippines, 3,274 cases of abuse of women and children were filed against US servicemen in Subic and Clark. However, not one of the US servicemen was convicted. Data from the Olongapo City prosecutor's office showed that during the same period, cases of rape and sexual abuse involving children ages 11 to 16 were filed against US servicemen. Another 82 cases of sexual abuse involving young women were also recorded. All of these cases were dismissed. Ninety-seven of these cases, in which 15 children were involved, were filed by the non-government Bikolana Gabriela against American soldiers in Clark and Subic. Smith was the first-ever American military personnel who was convicted of committing a crime on Philippine soil since the establishment of the US military bases in Subic, Zambales and Clark in Angeles, Pampanga and the passage of the Visiting Forces Agreement in 1999. - GMANews.TV
"Wherefore, on reasonable ground, the accused Lance Corporal Daniel Smith is hereby acquitted of the crime of rape as alleged in the information," said the appellate court in its 71-page decision. The ruling, penned by Associate Justice Monina Arevalo-Zenarosa of the CAâs Special Eleventh Division, reversed and set aside the decision of the Makati Regional Trial Court on December 4, 2006. The Makati-RTC's decision made Smith the first-ever American military personnel convicted of committing crime on Philippine soil. Concurring with the CA decision were two other female magistrates, Remedios Salazar-Fernando and Myrna Dimaranan-Vidal. Not rape, just a romantic episode The CA likewise ordered Smith's immediate release from detention unless there is another case filed against him. Smith is currently being held at the JUSMAG building inside the US Embassy in Manila. The court said no evidence was introduced to show that "force, threat and intimidation" were used by Smith against Suzette Nicolas a.k.a. Nicole "even as prosecution vainly tried to highlight her supposed intoxication and alleged unconsciousness at the time of the sexual act." "What we see was the spontaneous, unplanned romantic episode with both parties carried away by their passions and stirred up by the urgency of the moment caused probably by alcoholic drinks they took only to be rudely interrupted when the van suddenly stopped to pick up some passengers," the CA said. A policeman escorts US Marine Lance Cpl. Daniel Smith in 2006 after he was found guilty of raping Nicolas in Subic. GMANews.TV
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