Posted on 12/27/2005 8:10:55 AM PST by DJ Taylor
OLONGAPO, Philippines - Philippine prosecutors on Tuesday charged four U.S. Marines with rape in what is seen as a test case for a bilateral accord allowing American troops to train here.
Prosecutor Prudencio Jalandoni filed charges of rape against the four Marines before a regional trial court in Olongapo, near the site of the alleged Nov. 1 rape, and sought their arrest and detention without bail.
The men, who were on liberty after participating with joint exercises with Filipino forces, are in U.S. Embassy custody.
In documents submitted to the court, Jalandoni alleged that Marine Lance Cpl. Daniel Smith raped a 22-year-old woman inside a van at Subic Bay free port, a former U.S. naval base northwest of Manila, while his fellow Marines cheered him on to the beat of loud music.
Also charged were Lance Cpl. Keith Silkwood, Lance Cpl. Dominic Duplantis and Staff Sgt. Chad Carpentier. Their hometowns were not immediately available.
Smith and the others, along with the woman, had been drinking at a bar and were rushing back to the USS Essex to beat a curfew, he said.
The Filipino driver of the van, Timoteo Soriano, who was initially considered as a key witness, was also charged as a "co-conspirator" for apparently doing nothing to stop the alleged rape.
The Americans have denied participating in or witnessing the incident. Some said in written statements that they saw Smith and the woman kissing and petting in the van's back seat but indicated there was no sign of struggle by the woman, according to Jalandoni.
Citing accounts of the Marines, witnesses and a medical examination of the woman, Jalandoni said he and other prosecutors concluded that Smith raped her while his companions egged him on.
"The complainant claimed that she was forced, although the answering respondents claimed that the sexual congress was consensual," Jalandoni said. "We believe that the victim was raped. She was screaming and struggling against Smith at the time.
Two other Marines, Corey Burris and Albert Lara, were cleared after submitting evidence that they were buying at pizza and were not in the van during the alleged rape, Jalandoni said. The U.S. Embassy said they were being released from its custody.
Those named in the charges could file a motion for reconsideration of the case within 10 days, Jalandoni said.
Another prosecutor, Raymond Viray, said the case would be a crucial test for the Visiting Forces Agreement, which allows American forces to conduct counterterrorism maneuvers with Filipino troops. Critics have expressed concerns that U.S. officials would use the accord to shield the Marines from prosecution.
U.S. Embassy officials have said they would cooperate with the Philippine government in the investigation, but have not indicated if they would agree to transfer the Marines to Philippine custody.
The embassy issued a statement saying it would continue to cooperate with Philippine authorities as the case moves to trial.
"The U.S. remains committed to seeing that justice is served, and looks forward to a fair and impartial process that can provide for a just outcome," the statement said.
The alleged rape has stirred emotions in the former American colony, and has been regarded by some as a black mark on U.S. counterterrorism training, which has been credited by Washington and Manila with helping Filipino troops crush many Muslim militants in the country's restive south.
The Marines had just taken part in a counterterrorism exercise in the northern Philippines and were on liberty at the time of the alleged incident.
I would agree with your assesment except for one thing:
"Smith and the others, along with the woman, had been drinking at a bar and were rushing back to the USS Essex to beat a curfew, he said."
Why would the woman be going back to the boat if she was a bargirl. Notice there is no mention of the girl's nationality.
I'm thinking there's more to the story.
Do you hope they're cleared if they are,in fact,guilty of a genuine rape?
Why would the Philippines be upset over Marines raping a woman if she wasn't one of theirs?
This is an "Oh-Po" scam that is as old as Oh-Po itself.
Hostetute, (never call her anything else) goes "out" with GI.
Evening ends, hostetute goes to her friend at the constabulary. Friend files charges. Prosecutor may or may not be in on the take.
Result: LEGAL HOLD.
What happens is this. Charges are filed and sailor or marine in question is put on "legal hold", meaning that he cannot leave the country or, in days gone by, the base.
The trial just never seems to happen. Typically there is one delay after another delay and a further delay, and then when everything is all set, another delay.
The idea is to NOT go to trial. By now, said sailor or marine has been on legal hold for about a year and a half.
The prosecution puts out a feeler. The "victim" just wants to "forget" about this, IF the perp makes her life "right" with x number of dollars.
What? Extortion you say? Your trial has now been postponed for another year just because you insulted our "system". That's right, you stay on legal hold till we reschedule you.
Oh, you want to go home? Now let's see about this comfort money......
When I was stationed at Subic, we had hundreds of guys on "legal hold"
Most got smart quick and settled up, went on with their lives. Poorer but smarter.
Hope these guys get a price quote quick.
"Why would the woman be going back to the boat if she was a bargirl."
In that town, you "check out" your girl for the night. You pay the "bar fine" and she is free to go with you all night.
Not that I've ever done it, and not that there's anything wrong with it, but haven't you ever bought a bargirl out of a bar in the far east?
What sailors?
Love the standard disclaimers. I spent about 10 years in Westpac and have had ample opportunity to both sample and observe the local cultures.
One thing I never did (or heard of) was buy an LBFM out of the bar when I'm heading back to the boat to make curfew.
A while back they had a midnite to four curfew in Subic and people would hole up in a room during the four hours; this article states otherwise.
I know setups happen there; just wondering at the story.
Olongapo was notorious for its hookers and their antibiotic-resistant STDs.
I have strong doubts that she was raped - I think she didn't get paid what she thought she was worth.
If she was a civilian of any nationality they would have juristiction.
I tend to agree. I posted this story a few weeks back and after reading the details and comments (your input included), it was probably a set-up either for cash or pro-terrorism.
Rape in the PI can be charged when a customer doesn't pay, pays only a part of the agreed upon price or if the girl is jealous.
Yep, I've thought that from the first time I heard about this. Good luck to the four Marines though, in this PC world we live in where women can do no wrong, I'm afraid they are screwed before they even have a trial. It doesn't make any difference that they're in the military either; the military is getting more and more PC all the time to. They'll be hung out to dry I'm sure.
Sorry, I meant marines. Believe it or not, no insult intended.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.