This was the verdict of the Makati Regional Trial Court judge on Lance Corporal Daniel Smith, who was accused of raping a 22-year-old local woman in Subic, Zambales, site of a former US naval base. The judgement came more than a year after the crime, and only weeks before the lapse of one-year period for trials in cases involving visiting US personnel in the Philippines.
Smith’s co-accused, Chad Carpentier, Dominic Duplantis, and Keith Silkwood — all US military personnel — were acquitted.
Details of the case.
– The Judge: Makati RTC Judge Benjamin Pozon of Branch 139
– Crime scene: A moving Starex van.
– Location: Inside Subic Bay Freeport
– Date: On the night of November 1 last year
Mug shots of Lance Corporal Daniel Smith, released by the Philippine National Police (PNP)
The victim, identified only as Nicole to protect her identity, was “dead drunk” at the time of the rape. She met the Americans at a bar in Olongapo City, where they had drinks.
Nicole testified that she was helpless to stop Smith, while the other marines cheered him on.
Smith had been claiming that the sexual contact was consensual, that Nicole was a willing partner. He earlier testified that Nicole even helped him put on a condom. (Read: US Marine says Nicole helped put on condom)
SpyLolo: That’s why I’m always careful when drinking with girls. My policy is, no touch, only look. This is one weird verdict. Smith will contest this in the higher courts.