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| Version 0 | Version 1 |
|---|---|
| US rape acquittal in Philippines | US rape acquittal in Philippines |
| (about 2 hours later) | |
| The Philippines' Court of Appeal has acquitted a United States marine of rape after the victim appeared to change her testimony. | The Philippines' Court of Appeal has acquitted a United States marine of rape after the victim appeared to change her testimony. |
| Lance Corporal Daniel Smith, sentenced to 40 years in jail, was held at the US embassy in Manila pending his appeal. He has now reportedly left the country. | Lance Corporal Daniel Smith, sentenced to 40 years in jail, was held at the US embassy in Manila pending his appeal. He has now reportedly left the country. |
| Embassy security was tightened in case of feminist and leftist protests. | Embassy security was tightened in case of feminist and leftist protests. |
| They have condemned the ruling, saying it shows Philippine "subservience" to the US, a former colonial power. | They have condemned the ruling, saying it shows Philippine "subservience" to the US, a former colonial power. |
| The marine's lawyer, Jose Justiniano, said his client "got the justice that he deserved." | The marine's lawyer, Jose Justiniano, said his client "got the justice that he deserved." |
| Passion | Passion |
| Smith, 23, was convicted three years ago of raping the woman, known as Nicole, in a van after a night drinking in a bar near the former US Subic Bay Naval Base in 2005. | Smith, 23, was convicted three years ago of raping the woman, known as Nicole, in a van after a night drinking in a bar near the former US Subic Bay Naval Base in 2005. |
| He had insisted throughout his trial that the sex had been consensual. | He had insisted throughout his trial that the sex had been consensual. |
| This denial of justice can only be blamed on (President Gloria) Arroyo, whose subservience to the US and veneration of the VFA knows no bounds Renato ReyesLeft-wing group Bayan | This denial of justice can only be blamed on (President Gloria) Arroyo, whose subservience to the US and veneration of the VFA knows no bounds Renato ReyesLeft-wing group Bayan |
| The dramatic year-long trial featured Nicole breaking down in tears, hitting Smith with her fists, and lamenting she was too drunk to stop the unwanted attentions. | The dramatic year-long trial featured Nicole breaking down in tears, hitting Smith with her fists, and lamenting she was too drunk to stop the unwanted attentions. |
| The Court of Appeal ruled, however, that "no evidence was introduced to show force, threat and intimidation applied by the accused". | The Court of Appeal ruled, however, that "no evidence was introduced to show force, threat and intimidation applied by the accused". |
| It described the encounter as "the unfolding of a spontaneous, unplanned romantic episode with both parties carried away by their passions and stirred up by the urgency of the moment". | It described the encounter as "the unfolding of a spontaneous, unplanned romantic episode with both parties carried away by their passions and stirred up by the urgency of the moment". |
| The ruling came after the startling disclosure last month from Nicole, that perhaps she had consented after all. | The ruling came after the startling disclosure last month from Nicole, that perhaps she had consented after all. |
| "My conscience continues to bother me," Nicole wrote from her new home in the US, "realising that I may have in fact been so friendly and intimate with Daniel Smith at the Neptune Club, that he was led to believe that I was amenable to having sex or that we simply just got carried away." | "My conscience continues to bother me," Nicole wrote from her new home in the US, "realising that I may have in fact been so friendly and intimate with Daniel Smith at the Neptune Club, that he was led to believe that I was amenable to having sex or that we simply just got carried away." |
| The appeals court said this statement had not influenced its acquittal decision. | The appeals court said this statement had not influenced its acquittal decision. |
| Lightening rod | Lightening rod |
| "We are outraged," said Renato Reyes of the left-wing group Bayan, about the appeal court's decision. | "We are outraged," said Renato Reyes of the left-wing group Bayan, about the appeal court's decision. |
| "This denial of justice can only be blamed on (President Gloria) Arroyo, whose subservience to the US and veneration of the VFA [Visiting Forces Agreement] knows no bounds." | "This denial of justice can only be blamed on (President Gloria) Arroyo, whose subservience to the US and veneration of the VFA [Visiting Forces Agreement] knows no bounds." |
| The case has become a lightening rod for vocal groups angry at the abuse of women in the country's large sex industry, and the sense of powerlessness of ordinary Filipinos. | The case has become a lightening rod for vocal groups angry at the abuse of women in the country's large sex industry, and the sense of powerlessness of ordinary Filipinos. |
| They have been angered that, under the VFA, US soldiers suspected of crimes in the Philippines are allowed to remain in US custody until the completion of any judicial process. | They have been angered that, under the VFA, US soldiers suspected of crimes in the Philippines are allowed to remain in US custody until the completion of any judicial process. |
| The Philippine Supreme Court had ruled in February that Smith should serve his sentence in a Philippine prison, and asked the government to negotiate his transfer with Washington. | The Philippine Supreme Court had ruled in February that Smith should serve his sentence in a Philippine prison, and asked the government to negotiate his transfer with Washington. |
| The negotiations were under way when the appeals court announced Smith's acquittal. | |
| The Philippine Senate voted in 1991 to close down two main US bases in the Philippines - Subic and Clark Air Base. | The Philippine Senate voted in 1991 to close down two main US bases in the Philippines - Subic and Clark Air Base. |
| Eight years later, Manila and Washington signed the VFA that allows US forces to conduct war exercises in the Philippines, an American colony from 1898 to 1946. | Eight years later, Manila and Washington signed the VFA that allows US forces to conduct war exercises in the Philippines, an American colony from 1898 to 1946. |
| The US also has a rotating force of about 500 US soldiers in the south of the country, intended to provide counter-terrorism training for Filipino soldiers. | The US also has a rotating force of about 500 US soldiers in the south of the country, intended to provide counter-terrorism training for Filipino soldiers. |