Americans to insist on ‘consensual sex’ defense
A US navy investigator is expected to testify that Lance Cpl. Daniel Smith admitted to having “consensual sex” with the 22-year-old Filipina, who has accused him and three other American marines of rape.
Prosecutors allege Smith raped the woman in the van on Nov. 1, while the others cheered him on, a charge the US marines deny.
Evalyn Ursua, a lawyer for the complainant, said a US navy investigator would testify that Smith had admitted to having consensual sex with the complainant, a key piece of evidence in the rape case.
Ursua said she was given a copy of Smith’s statement to navy investigators admitting he had consensual sex.
“He had admitted that he had sex, that’s important. He says it’s consensual, but that’s his claim,” Ursua said.
At the trial yesterday, Ronald Beltz, an officer of the US Naval Criminal Investigation Service, said he questioned the driver of the van, Timoteo Soriano, 15 days after the reported rape inside Subic.
Soriano had sketched out the seating arrangement that night and put Smith and the complainant at the back of the van, Beltz said.
Beltz said Soriano told him that Staff Sgt. Chad Carpentier was seated beside him in the driver’s seat, while Lance Cpls. Keith Silkwood and Dominic Duplantis were seated right behind them.
On Friday, two security guards at the Neptune bar in Subic told the Makati Regional Trial Court they saw the woman, identified only as “Nicole,” drunk on the night of the alleged rape while Smith carried her on his back into the parked van.
Judge Benjamin Pozon and prosecution lawyer Hazel Valdez asked one of the witnesses, Gerald Muyot, to point out the man he saw carrying the woman.
Muyot tapped the shoulder of one of the men on trial, who identified himself to the court as Daniel Smith.
Muyot said Smith had told him: “She’s with me and we gotta go now,” as he left the bar with the woman.
Muyot said they got into a van parked outside the bar, and he saw Smith lower the woman inside the vehicle.
At yesterday’s hearing, defense lawyers tried to discredit Muyot’s testimony, but earned a rebuke from the judge for personal attacks.
Ursua said she was satisfied that Muyot’s testimony remained intact. Muyot faces further cross-examination on Friday.
Friday’s hearing was the first time the servicemen had faced the woman in court.
Watching the proceedings two rows behind the Americans, the woman at one point broke down in tears and was comforted by relatives and members of women’s groups.
Lawyers for the defendants said the four would be in court for the rest of the hearings, scheduled four times a week.
The US embassy in the Philippines has refused to turn the four over to Filipino police, citing a provision under the Visiting Forces Agreement that lets US authorities hold American servicemen facing a criminal case. Michael Caber and AP
Prosecutors allege Smith raped the woman in the van on Nov. 1, while the others cheered him on, a charge the US marines deny.
Evalyn Ursua, a lawyer for the complainant, said a US navy investigator would testify that Smith had admitted to having consensual sex with the complainant, a key piece of evidence in the rape case.
Ursua said she was given a copy of Smith’s statement to navy investigators admitting he had consensual sex.
“He had admitted that he had sex, that’s important. He says it’s consensual, but that’s his claim,” Ursua said.
At the trial yesterday, Ronald Beltz, an officer of the US Naval Criminal Investigation Service, said he questioned the driver of the van, Timoteo Soriano, 15 days after the reported rape inside Subic.
Soriano had sketched out the seating arrangement that night and put Smith and the complainant at the back of the van, Beltz said.
Beltz said Soriano told him that Staff Sgt. Chad Carpentier was seated beside him in the driver’s seat, while Lance Cpls. Keith Silkwood and Dominic Duplantis were seated right behind them.
On Friday, two security guards at the Neptune bar in Subic told the Makati Regional Trial Court they saw the woman, identified only as “Nicole,” drunk on the night of the alleged rape while Smith carried her on his back into the parked van.
Judge Benjamin Pozon and prosecution lawyer Hazel Valdez asked one of the witnesses, Gerald Muyot, to point out the man he saw carrying the woman.
Muyot tapped the shoulder of one of the men on trial, who identified himself to the court as Daniel Smith.
Muyot said Smith had told him: “She’s with me and we gotta go now,” as he left the bar with the woman.
Muyot said they got into a van parked outside the bar, and he saw Smith lower the woman inside the vehicle.
At yesterday’s hearing, defense lawyers tried to discredit Muyot’s testimony, but earned a rebuke from the judge for personal attacks.
Ursua said she was satisfied that Muyot’s testimony remained intact. Muyot faces further cross-examination on Friday.
Friday’s hearing was the first time the servicemen had faced the woman in court.
Watching the proceedings two rows behind the Americans, the woman at one point broke down in tears and was comforted by relatives and members of women’s groups.
Lawyers for the defendants said the four would be in court for the rest of the hearings, scheduled four times a week.
The US embassy in the Philippines has refused to turn the four over to Filipino police, citing a provision under the Visiting Forces Agreement that lets US authorities hold American servicemen facing a criminal case. Michael Caber and AP
Manila Standard Today
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