Although it has been overshadowed by the devastating typhoon that has killed over 1000 people throughout the Philippines, under normal circumstances the conviction of US Marine Lance Corporal Daniel Smith’s conviction by the Makati criminal court (Makati is a city in the greater Manila metropolitan region) for the rape of a young Filipina woman would be the biggest story in the country. The woman, known as “Nicole”(23) due to a media tradition of not reporting the names of rape victims, is only one of what many consider to be many Filipinas/Filipinos who have been abused by US soldiers over the century that the US has had a military presence in the country, but is the first to ever see her attacker convicted in a Philippine court. While it is specifically a victory for “Nicole,” in the Philippines this verdict is also generally being considered a milestone in the assertion of sovereignty and the rule of law in a country which lacked the first throughout its almost 400 years as a colony, and the second during the more recent Marcos dictatorship, which ended in only 1986.
Daniel Smith (21) was charged with the actual rape, along with three other marines and their Filipino driver who were all charged with assisting and egging on Smith, but not actually participating directly. Nicole, who was 22 at the time, was apparently attending a party on the base due to her being engaged to another soldier (the relationship has since dissolved), and after imbibing so much alcohol that she lost consciousness, was carried to a truck in which Smith raped her, while the other marines cheered him on, and the Filipino man simply drove around. Faced with physical evidence, namely semen stains on the woman’s underwear and a used condom, Smith could not deny that the sex had occurred, but naturally he claimed that it had been consensual, “Nicole” claimed otherwise, and the other men all denied culpability. In the end, only Smith was convicted-probably due to medical expert testimony that she had suffered injuries consistent with sexual assault, and while the others may not exactly have been hailed as innocent and offered an apology, they were acquitted on grounds of reasonable doubt. In accordance with the terms of the Visiting Forces Agreement, although Smith is being tried in a Philippino court, but was held in the custody of the United States embassy pending conviction, after which he has now been ordered by the judge to begin serving his sentence of life (actually 40 years under local law)in a Philippine prison. It is, however, currently unclear whether he will be transferred immediately, as his attorney is filing an appeal, and a related motion requesting that he remain in US custody pending the final appeal. Current agreements between the USA and The Philippines grant no special protection to US soldiers acting outside their official duties, but memories of previous unequal arrangements linger, and public has not trusted either the US or Philippine governments to live up to the conditions of the Visiting Forces Agreement.
A timeline of events related to the crime and trial can be found here.
While rape cases are by nature always sensational and cases involving military personnel are all the more so, this particular case is particularly significant in the context of the history of The Philippines.
Part 2: A brief history of Philippine-US relations: Early colonial period, to be followed by the third and final section.