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.
These young Marines were obviously set up by those who wish to damage U.S. counter-terrorism efforts in the Philippines. Why do I say that? Unless times have changed drastically, Filipino women do not hang out in Olangapo bars with sailors and marines unless they are either prostitutes or they have some other more nefarious agenda.
You would think the Marines would know better than to get themselves in a situation like this.
Jeeze I didn't know US bases had been reopened here.
Thank-you for posting that tidbit. It changes the entire tone to the story.
A black eye either way.
"Filipino women do not hang out in Olangapo bars with sailors and marines unless they are either prostitutes or they have some other more nefarious agenda."
It's just a bad situation. It is possible to rape a prostitute. Most women in Olangapo bars are prostitutes, but not ALL of them. Unless you count those trying to find a husband and a way to America prostitutes, then you really get into that grey area.
I'm guessing it's just bad judgement, in a bad situation, and it's going to have a bad result. I don't think it's a conspiricy.
Your theory could be correct.If these Marines are tried in a Philippine court,one can only hope they use DNA tests,and accurate ones at that.
The common story among Sailors who married Philipino hooks was "She was from the province".
"This is my rifle, this is my gun, This is for fighting, this is for fun"
"The common story among Sailors who married Philipino hooks was "She was from the province"."
Yeah, and I'm Admiral Nimitz! I was in the Navy, visited Olangapo, and had my share of San Migeul, (nectar of the Gods?).
There are some seemingly nice girls there, but they are looking for a ticket. Most of them would marry a two headed 500lb monkey if they thought they could get to the states.
West-Pac widow anyone?
They may have changed their tune about fun.
Olangpo is the world's largest whorehouse...things get real nasty down there real quick..
I agree these young Marines were set up....
DNA cannot tell whether the sex was consensual or not. Unless the woman is pretty badly beaten, physical evidence that the sex was rape is often pretty thin.
Which, of course, puts it back into the "she said, they said" category, in this case. Although the driver might be a comparatively unbiased witness.
It is even harder to disprove rape than to prove it. Which is, IMHO, a dang good reason to keep your pants zipped.
Young, dumb, and full of c*m.
Hope they are cleared!
I hope they aren't guilty.
On careful rereading, this sounds highly suspicious. Apparently the driver didn't back up the woman's story, so he's been charged also. This makes it 5 to 1 on the story. Not at all impossible that the 5 are lying, although I would think that the driver would have little reason to lie to protect the sailors.
He may change his story for a plea bargain, and the charges against him may be part of the pressure being put on him.
"There are some seemingly nice girls there, but they are looking for a ticket. Most of them would marry a two headed 500lb monkey if they thought they could get to the states.
West-Pac widow anyone?"
Yep, Then once they get the meal ticket stateside the common modus operandi is to run up massive credit debt on the Sailor, then clean the house out and abandon him while he is on deployment.
Yikes. The wife of a sailor friend of ours was telling us a story about her hubby's first visit to the Philippines. I guess the sailors were warned before leaving the ship that they should steer clear of entanglements with the women at that port. Or they could be taking a wife home because the authorities there always side with the female.
One would think that a CO/Base Commander could and would make certain areas/establishments off limits in a situation like this.God knows that a drunken Soldier/Sailor/Airman or Marine can wreak all sorts of havoc during a sensitive deployment.
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