Marine Gets 40 Years For Philippine Rape

A U.S. Marine was convicted and sentenced to 40 years in prison Monday in a landmark rape case that was hailed as a victory for women's rights and Philippine independence from its former colonial power.

In a decision televised live nationwide, three other Marines and their Philippine driver were acquitted of complicity after a long emotional trial that resurrected controversies linked to the U.S. military presence in the Philippines.

The case has tested a joint military pact which paved the way for U.S. counterterrorism training credited with helping local forces make gains against Muslim extremists in the country's south.

"We laud the triumph of impartial justice," said Ignacio Bunye, spokesman for President Gloria Macapagal Arroyo.

"The court maintained an even keel despite the tremendous pressures upon the bench. We have shown the world that due process is a hallmark of Philippine democracy," he said.

"The outcome of this case will not in any way affect Philippine-U.S. relations for it is not about diplomatic relations but about universal justice and the rule of law," he added.

A 23-year-old Philippine woman, known publicly by her pseudonym "Nicole," accused Lance Cpl. Daniel Smith of sexually assaulting her while she was drunk on Nov. 1 last year, with Staff Sgt. Chad Carpentier, Lance Cpl. Keith Silkwood and Lance Cpl. Dominic Duplantis allegedly cheering him on.

Smith, 21, from St. Louis, Missouri, testified that the sex was consensual.

The court's ruling makes him the first American soldier to be convicted of wrongdoing since the Philippine Senate ordered U.S. bases shut down in the early 1990s and joint training was established under a treaty, the Visiting Forces Agreement, in 1998.

"I'm sad that three were acquitted, but I'm also happy because one was convicted," Nicole told ABS-CBN television in a telephone interview.

Smith was ordered to pay the woman 100,000 pesos (US$2,000) in compensatory and moral damages.

"He was the one who was on top of the complainant, who resisted his kisses, pushed him and fought him back until she lost consciousness because of alcoholic drinks she had taken," said the lengthy decision by Judge Benjamin Pozon, of the Makati Regional Trial Court, read by a court employee.

Pozon said the severe penalty was aimed "to protect women against the unbridled bestiality of persons who cannot control their libidinous proclivity."
The verdict said Nicole was so intoxicated that she could not have consented to sex, pointing to testimony that Smith carried her to a van where the rape allegedly occurred.

As the verdict was delivered, some cheers and applause broke out in the courtroom, and Nicole began weeping as supporters embraced her.

"We're very happy. We laud Judge Pozon for showing courage and judicial independence," the woman's lawyer, Evalyn Ursua, said.

"It is a moral victory in addition to the legal victory," she said.

It was unclear whether Smith would serve the sentence in the Philippines. His lawyer, Ricardo Diaz, said he would appeal.

A scuffle briefly broke out between U.S. Embassy security personnel and local police over who would take custody of Smith after the verdict. All four Marines have been in U.S. Embassy custody, but Philippine police took Smith away in handcuffs to be fingerprinted, photographed and given a medical check at Makati jail.

The other Marines, who backed up Smith's testimony and denied any wrongdoing, were immediately freed.

The U.S. Embassy issued a statement saying the freed men would be returned to their unit in Okinawa, Japan, where their commander will take action on the U.S. military's investigation into the case.

About 100 protesters gathered outside the courthouse, chanting and singing "Bayan Ko", or "My Country," a popular nationalist song. They waved a banner that read "Justice for Nicole, justice for our nation. Scrap VFA," referring to the Visiting Forces Agreement that allows foreign troops to take part in training exercises and that governs their conduct.

Left-wing activists have rallied against the pact, saying it favors the U.S.

As a van dropped off the Americans and they were escorted by 50 helmeted riot police toward the court, members of a women's group yelled "Convict, convict! Justice, justice!" and waved anti-U.S. posters.

Nicole testified that the assault occurred in a moving van at the former U.S. naval base at Subic Bay, after she had spent an evening drinking with Smith. The Marines had just finished a counterterrorism exercise.