Makati Regional Trial Court Finds US Soldier Smith Guilty of Rape

Makati regional trial court found an American serviceman Daniel Smith guilty of rape but acquitted the three co-accused Marines. This was filed by Nicole, a 23-year old Filipina. Lance Corporal Daniel Smith faces up to 40 years in prison and was ordered to pay P50,000 in compensatory and P50,000 in moral damages. Meanwhile, the court acquitted Lance Corporals Keith Silkwood and Dominic Duplantis and Staff Sergeant Chad Carpentier for lack of evidence. The verdict was read in front of the complainant, and her family members and supporters from militant women's groups, as well as the four accused and representatives from the US Embassy and the Philippine Foreign Affairs department. In his review of the witnesses' testimonies, the judge said the three co-accused could not be considered as accomplices in the case, even as Smith was "fully aware of the intoxication of the complainant." It was "clear" and there was "no mistake of fact" that Smith knew about "the intoxicated condition ofthe complainant," the judge said. "This court has not reason to doubt the foregoing testimonies" of the witnesses and the complainant, the judge said. "Accused Smith took advantage of the complainant... there is evidence to show that the crime of rape has been committed," the court said. Nicole had alleged that the four US Marines conspired to rape her inside a parked Starex van inside the Subic Bay Freeport in Zambales on the night of November 1, 2005. The trial opened on June 2 and ended September 25. Tags: subic, rape, case, nicole, smith, silkwood, duplantis, carpentier, makati, court, doctormagnus, adsense, google