Rape victim was 'too drunk when brought to van'

By Barbara Mae Dacanay, Gulf Times Bureau Chief

Manila: A witness said a Filipina rape victim was too drunk when brought by a US serviceman to his van in a former US Base in central Luzon in 2005.

The prosecution witness said he saw the complainant, identified as Nicole was "not in her right senses" while she was being carried by a US serviceman, after they left the Neptune Bar in Subic Bay Free Port Zone.

Evalyn Ursua, the 22-year old girl's lawyer said the first witness corroborated the victim's claim that she was raped by one of the US Marines inside a van after she went out with him.

It was the first time for Nicole to meet face to face the four US marines at the Makati Regional Trial Court.

She accused Staff Sergeant Chad Brian Carpentier, Lance Corporals Keith Silkwood, Dominic Duplantis, and Daniel Smith of raping her in Subic on November 1, 2005, a Holy Friday.

She also said that one of them, Smith, raped her in the van while his companions cheered him on. The four denied the charges, saying Smith had consensual sex with her.

However, the judge entered a plea of not guilty for them as they refused to answer the charges.

But another security guard is set to testify that he saw a naked Nicole after the US servicemen threw her out of the van.

Lawyers said this will bolster the rape case against the US servicemen which is punishable by 40 years of imprisonment.

The defence, meanwhile, complained that the prosecutors included the victim's mother as a witness. The judge scheduled a marathon hearing which will be held four times a week.

Various leftist groups have scheduled rallies. Leaders said they give support to the accuser, and pressure the accused to admit guilt.

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‘Nicole,’ four GIs finally meet in court
By Michael Punongbayan
The Philippine Star

The 22-year-old Filipina and the four American soldiers she accused of raping her in November last year finally faced each other in yesterday’s hearing at the Makati City Regional Trial Court as the rape trial got underway.

Security officer Tomas Corpus, the prosecution’s first witness, testified that he saw the woman intoxicated at the bar at the time she met one of the four Marines, Lance Cpl. Daniel Smith.

Another prosecution witness, Gerald Muyot, said he saw Smith carry the woman out to a van where the alleged sex crime occurred.

The woman sat two rows behind the four Americans, who were seated up front with their attorneys. She wore sunglasses to hide her face from news photographers.

She briefly took them off when the prosecution lawyer asked Corpus to positively identify the rape victim.

The woman — identified only as "Nicole" — briefly stood and told the court she was the victim.

During the hearing, the complainant showed little emotion. She kept her arms folded across her chest and sat almost motionless, listening closely to the proceedings.

But at one point, the woman broke down in tears and had to be comforted by relatives and members of women’s groups.

During a five-minute break, she held on to her therapist and said, "Please, don’t leave me."

Dr. June Pagaduan-Lopez, her psychiatrist, said they prepared Nicole for the face-to-face encounter and the difficulties of a trial.

"We prepared her long for this. I can see that she’s trying very hard not to react," she said in an interview.

Lopez lauded Judge Benjamin Pozon for being quick to protect the rights of the victim as guaranteed under the rape law when defense lawyers tried to attack her character.

Lopez said Nicole has been depressed since the alleged attack and was still traumatized, especially after seeing her four alleged attackers in person.

After the trial, news photographers took pictures of Nicole in violation of legal rules as well as journalism standards, prompting her lawyers to angrily threaten to sue them.

The rape charges are punishable by up to 40 years in jail. The Marines have refused to answer the charges, prompting the judge to enter a not guilty plea for them.

Muyot, a security guard at the Neptune Bar, where the incident took place at the former US Subic Bay naval base near Olongapo City, told the court that on the night of Nov. 1, he saw the woman looking drunk and unconscious and being carried on the back of a serviceman.

Pozon and prosecution lawyer Hazel Valdez asked Muyot to point out the man he saw carrying the woman.

Muyot approached and tapped the shoulder of a man who identified himself to the court as Daniel Smith.

"She’s with me and we gotta go now," Muyot quoted Smith as saying as he left the bar with the woman.

Muyot said they boarded a van parked outside the bar and he saw Smith place the woman inside the vehicle.

Prosecutors allege Lance Cpl. Smith raped the woman while the others — Lance Cpl. Keith Silkwood, Lance Cpl. Dominic Duplantis and Staff Sgt. Chad Carpentier, all members of the 31st Marine Expeditionary Force stationed on the southern Japanese island of Okinawa — cheered him on.

The soldiers have insisted that only one of them had sex with her and that the act was consensual.

Lawyers for the American defendants said their clients would be present in court for the rest of the hearings, scheduled four times a week.

The Marines had just completed counterterrorism maneuvers with Filipino troops when the alleged rape occurred.

The US Embassy has refused to turn them over to Philippine police, citing a provision under the Visiting Forces Agreement (VFA) that lets US authorities hold American servicemen facing a criminal case.

The US decision infuriated many, including many lawmakers, and set off small but noisy anti-US street protests, including calls for a scrapping of the VFA, a 1999 defense treaty between the Philippines and the United States.

It is also seen as a black mark on US military exercises that have been credited with helping weaken al-Qaeda-linked militants in the southern Philippines. — With AP report

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1 Comment By Anonymous, at 6/04/2006 6:50 AM :

No comments from the court? OK, here is one totally unbiased comment.

Number 1: The "Alleged" SECURITY OFFICER at the Neptune Bar, stood by placidly and did not take any action to protect the poor defenseless innocent girl?

Where are the charges against this Security Guard, Sworn to protect the rights of ALL Filipino (a) s?

Derelict in his duty, he MUST be CHARGED? Or maybe the prosecuting attorney approves of this lack of protection (so they can prosecute later?)

Apparently the prosecuting client's attorney approves of Security Guards standing by and ignoring what they now testify was a rape?

Hello? Attorney, you agree with this? Laxidasical guards? Or maybe Guards is too strong of a description, let's call them defense witnesses instead, guards imply somebody strong and protective, your witnesses missed that effort?

No, The GUARD MUST STOP ANY SUSPECT activity? Or maybe it is better to litigate afterwards?

Does the prosecution approve of this kind of aquiesence of your security guards? Or maybe the guard was ascared of a 18 year old kano? I think our security guys work out, himde?
If not, please provide the name of the security company, We'll advise all never use them evermore.

Why did the Neptune have Security Guards if the Security SAW a RAPE happening and DID NOTHING?

Stop the Prosecution of the foreigner until we answer why her own countryman did not protect her.

Or at laast dismiss the testimony of the LAZY, actionless, chicken "security?" guard (s).

How can we prosecute a foreigner when our own country man sworn to protect our sister sat down on his job, until time to go to court?

Disgusting.

Rape Victim was too drunk? Who served her the drinks? Where are they being held? Who is investigating the Neptune's drink serving policy?

Are you (Neptune) saying you serve as many drinks as possible, regardless of your customers condition, and then you let your own sister get in a van with a stranger, and even your guard suspects this, and you and yours do nothing? where is the justice in this?

Why is the Neptune Security Guard not under arrest for letting this happen?

Or maybe it is OK to let people drink too much, Unless you are a foreigner, in which case, it becomes rape???

The guard testifies he knows she was drunk. Arrest him, he did not do his job. Neptune is liable, they let this happen. When will they be charged? Neptune is responsible for serving this girl drinks until she was carried to the van.

If she was raped?? They (Neptune) are equally responsible, since their GUARD let the girl go in the Van.

When will they (Neptune, and the Guard) be charged?

By Anonymous, at 6/04/2006 6:50 AM