Subic rape case

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The Subic Rape Case is a legal case battle involving a Filipina against four members of the U.S. Marine Corps. It has caught wide media coverage and it has implicated political and international significance because of the Visiting Forces Agreement between the United States of America and the Philippines.

"Nicole" (not her real name - intended to protect her privacy and identity) alleged that just before midnight of November 1, 2005, Lance Corporal Daniel Smith raped her inside a moving Starex van at Alava Pier in Subic, Philippines. Nicole also alleged that Smith's other companions - Lance Corporals Keith Silkwood and Dominic Duplantis and Staff Sgt. Chad Carpentier - were inside the van cheering Smith on as the incident happened. The American servicemen denied the charges. Smith countered the charges saying what occured between him and Nicole was consensual sex.

A year after numerous court hearings, on December 4, 2006, Judge Benjamin Pozon handed down the verdict. The Makati City Regional Trial Court found Smith guilty of rape sentencing him to reclusion perpetua, while the three others were acquited.[1]


Contents

[edit] History

On November 1, 2005 before midnight, Nicole says she was raped by Lance Corporal Daniel Smith inside a moving van while the others, Lance Corporals Keith Silkwood, Dominic Duplantis and Staff Sgt. Chad Carpentier, cheered Smith on. Smith counters that what happened between him and Nicole was consensual sex.

[edit] Implications

[edit] The VFA

[edit] US-Philippine Relations

[edit] Rape in The Philippines

[edit] Rape in Philippine Jurisprudence

Under Philippine law (Republic Act No. 8353), rape "is punished by reclusion perpetua", or life imprisonment.[2]

[edit] References

  1. ^ US Marine guilty of raping Filipina, 3 others acquitted
  2. ^ [1] "The Anti-Rape Law of 1997". From the online library of the Chan-Robles Law Office.
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