By So she only made a man’s life a living hell for the last three years.
A Filipino woman whose accusations of rape led to the conviction of a U.S. Marine has altered her testimony and emigrated to the United States, saying she was no longer certain that a crime took place, a lawyer said Wednesday.
The case has strained U.S.-Philippine military relations amid calls for the scrapping of a pact allowing U.S. troops to train Filipino soldiers, and has become a rallying point for anti-American protests.
Three years after Lance Cpl. Daniel Smith was convicted of rape and sentenced to 40 years in jail, his accuser submitted a five-page affidavit to an appeals court Tuesday saying she now doubts her own version of events.
“My conscience continues to bother me realizing that I may have in fact been so friendly and intimate with Daniel Smith … that he was led to believe that I was amenable to having sex or that we simply just got carried away,” the woman said in the statement.
She described the two were drinking, kissing and dancing at a bar at the former U.S. Naval base at Subic Bay before moving to a van, where she originally told the court she was raped while she passed out. Smith had insisted the sex was consensual.-AP
Besides Smith being convicted of rape, this story has caused massive protests in the Philippines, and much legal wrangling by both sides. All for naught now.
I don’t know how any man or woman can accuse someone of rape, and then three years later on say they were amenable and got carried away. It was rape or it isn’t rape. I think that would have been clear from the get go.
1:00 am on March 18th, 2009 1
Our whole society is twisted sister. A woman who obviously got drunk and slept with a marine can say it was rape….and get away with it! She'll never have to spend a day in jail for this.
Thank god we don't have anymore permanent bases in the P.I. anymore. It's the most god awful place in the universe.
1:44 am on March 18th, 2009 2
This is BIG news!
A Green Card either causes amnesia or can be used for truth serum.
This needs further research.
1:54 am on March 18th, 2009 3
Flip,
Be careful what you say. I'm ex Navy and met my wife while stationed at Subic Bay. We'll celebrate 20 years of marriage on May 30th.
1:56 am on March 18th, 2009 4
Chickenhead,
Its most likely coincidence or rumor. US officials give out green cards grudgingly even to those who have all their paperwork in order. Been there done that personally with my wife.
6:30 am on March 18th, 2009 5
So this soldier was sentenced 40 years in Jail because of her memory problems?????
So what happens now? Will he be released?
Poor guy.
7:19 am on March 18th, 2009 6
It's possible some of the extreme Muslim (in the Middle East) countries are worse than the P.I.
8:18 am on March 18th, 2009 7
So, is there punishment in cases like this? Surely dragging someone's name through the mud, throwing him in jail, and causing anti-American protests isn't just swept away with an "oops."
The Duke Lacrosse case comes to mind, where those men, the program, and the university was given a black eye only to have the woman change her story well after the fact. Ooops.
9:26 am on March 18th, 2009 8
The inter-country relationship would be much better if the Filipino courts could render an unbiased verdict. Unfortunately, politics played here. It is my belief, and a few others, that no matter what happened she wanted money originally. But the local 'hate america' and 'women's rights' groups saw a big opportunity to really "get those americans". The girl was not allowed to accept money and got huge amounts of pressure to increase the crime more and more.
At least the truth is coming out after a lot of years. I don't know how much it will help Mr. Smith get out of prison. He is still in U.S. custody in the embassy, so that implies there is at least 1 more appeal to go through. Like the SOFA agreements in a lot of countries, the VFA there states that personnel will remain in U.S. custody until all appeals are exhausted. One can now assume that the girl will not show up at the last appeal, and the courts (under pressure from the PI govt) will toss the case because of it. The winds have changed, and the PI govt wants the joint training again so this case needs to go away.
A fair agreement on both the US and PI side would be for the process to work as it happened in this case. Trial in local courts and US custody through the appeals. However, what this case also shows is that politics affect the courts there, which means fair trials may not be possible. I do know this: they better figure it out because as long as US military young folks go there, more cases are sure to follow.
10:07 am on March 18th, 2009 9
There are so many rapes which turn out not to be. The military, due to political pressure/correctness, always errs on the side of the victim. Rape truly is a horrible crime, but punishing an innocent man is pretty horrible too. …and a rape conviction is the gift that keeps on giving, the modern scarlet letter. Considering the severe consequences of a rape conviction, the burden of proof should be on par with the level required for murder.
All of this of course causes one to consider the bigger picture. Women in the military. In our feminized military, women are given privileges and advantages, whether it be different standards or supervisors who let the women get away with the easy way out because:
A. Fear an unfounded accusation will end their career and or family.
B. They were raised to respect women and have a hard time being "mean" to them.
C. They enjoy the company of the "fairer" sex. And/or are just dumbstruck. (instead of another word)
This Marine should immediately be reinstated. He should be promoted to whatever rank he would have achieved had his career not been derailed. He should receive a letter of apology from the Department of Defense and the Philippine equivalent, publicly, so there is no question as to his status in anyone’s mind (even though this will still follow him, just the accusation soils you forever).
Last but not least: Throw that biatch in prison! This whole thing was transparent. Especially this case. It was so obvious… The US government, the Philippine "justice" system, and the chain of command failed this Marine.
10:46 am on March 18th, 2009 10
"This Marine should immediately be reinstated. He should be promoted to whatever rank he would have achieved had his career not been derailed. He should receive a letter of apology from the Department of Defense and the Philippine equivalent, publicly, so there is no question as to his status in anyone’s mind (even though this will still follow him, just the accusation soils you forever)."
Agree.
11:04 am on March 18th, 2009 11
Damn, DR. YU. This is twice we have been in aggreement, people are going to talk!
12:54 pm on March 18th, 2009 12
You are right. The next time I agree with you I will use an other ID.
Anyway, this tragedy simply can not be ignored. A man's life got ruined because of this woman "bad memory" and only God knows what he been through. If there is justice on earth something has to be done to compensate his disgrace.
Regarding the filipina, I'll just shut up my mouth because I have only awful things to say about her. God will reserve to her the "price" she deserves.
1:05 pm on March 18th, 2009 13
I'd prefer to see her meet justice in the here and now, just to be sure.
1:12 pm on March 18th, 2009 14
so the flip flipped….hahaha
1:42 pm on March 18th, 2009 15
I will laugh my ass off if she gets deported OUT of the US and ends back up in her home country.
2:12 pm on March 18th, 2009 16
She is going to the U.S. because they made a deal to take her and not extradite her in exchange for her victim to get out. While she is in the Philippines there are too many rights groups pushing her. The tagalog news channels are reporting that she told the groups to leave her alone and let her live her life. They also report that the van driver says it never happened either. So she wants to get away from the groups and her lie, and then the U.S. and Philippine govt can quietly let the matter drop.
3:02 pm on March 18th, 2009 17
Nothing shocks me when it comes to the P.I.
4:11 pm on March 18th, 2009 18
Let's remember the facts[?] of the incident, as they were reported at the trial.
http://www.stripes.com/article.asp?section=104&am…
The woman was drinking heavily and dancing intimately at a club with the Marine. She was so drunk that she was seen being carried by the Marine and his friends to the van. She was apparently later left semi-nude on the side of the road.
Take this case out of the Philippines and relocate it to a military base in South Korea. Change the 'victim' from a filipina to a U.S. service woman. Let's see, she was drunk. Too drunk to remember exact details of what happened, but was later convinced by friends she was raped. How many lesser cases have we had here in the past few years? Wouldn't the circumstances of this case stand up as a rape conviction in an American court? It would not have been a 40 years sentence, but I believe it would have been a conviction.
All U.S. service members have been given numerous sexual assault briefings in the past few years. I have never attended one of those briefing, but from what I understand, service members are taught, that if you have sex with someone who is too drunk to consent, it is rape.
4:28 pm on March 18th, 2009 19
Change 'victim' to 'liitle hoe'
What is too drunk to consent? Unless she's passed out that is BS and a cop-out. US service woman (especially), Filipina, or anyone else. A hoe is a hoe, and when they sober up and are em-bare-assed or whatever – hoes remorse…
They say the liquor has a way of bringing out the real you…
Often the male is just as drunk if not more so on these occasions… By the definition they use on females, I can't count how many times I've been "raped" by a female. I was definately too drunk to consent, legally speaking.
4:46 pm on March 18th, 2009 20
Man that's irritating. I have to add, if you KNOW you're a HOE you might want to change your partying habits and be careful with whom you party. I don't believe in that "she can act any way she wants, wear anything she wants, do anything she wants – and has no persoanl responsibility" defense. BullPuckey!
If she gets drunk and goes out and robs a bank – busted!
If she gets drunk and drives – busted!
If she gets drunk and neglects her children – busted!
etc ad nauseum…
God forbid she has a few drinks, gets half naked, shakes her bootie in front of a bunch of guys (and we know what guys want, don't we? Freakin' animals!) does the milk shake, accompanies a guy (or guys) to a hotel room (may or may not accept money at this point) and gets the freak on, you know a real live 3 holer…
And THEN, she wakes up the next day and was RAPED! Holey Shiat, the poor innocent girl! Now that trike driver will never want her, she's ruined! Daddies little girl…
Besides, we all know this was a attempted shake-down that went too far.
5:59 pm on March 18th, 2009 21
Dats some expensive PeNoi PooSee right there bros!
10:17 pm on March 18th, 2009 22
40 years is a pretty big sentence — considering what is said about the event.
This is the first I've heard of it, but from what this post says, it seems there were no sign of major violence — no sign of severe beating and whatnot – that can happen during a rape. So – 40 years?
According to the original story, the two were drunk and carrying on and went out to the vehicle to continue carrying on — but she says she passed out and he had sex with her anyway…
….clearly rape, if it were true…..If the girl who is hot for you passes out, it's a good idea to stop….. But, 40 years?
It sounds like the foreign court went to town on him. (And I am far from somebody who takes sex crimes lightly….)
"She was so drunk that she was seen being carried by the Marine and his friends to the van. She was apparently later left semi-nude on the side of the road."
The article gives more moments to pause, but the quotes don't give much to work with in the article. What does "carried" mean? Arm-in-arm or tossed over a shoulder? Same with her "pants being down" from the article. I'd need a lot more context.
….I'd also want to know when that witness gave the description. Early on would add credibility, but when cases like this in a foreign country go viral — your chances of having any confidence in guessing what actually happened are slim to none.
Would this guy have been convicted in the US given what we've heard?
In the 1990s, I'd say yes with some confidence. Now, I'm not so sure. In a military court, maybe. But in the civilian world, the few high profile cases that have gone bust – like this one – have moved society away from the knee-jerk reaction toward conviction that grew in the 1980s and 1990s.
Without signs of physical violence, I think the fact she had been drinking and having a good time with the guy before heading to the van would cause enough doubt in a juries mind…
10:55 pm on March 18th, 2009 23
I believe the real story is that her friends saw her come out of the van unkempt so she lied about being raped.
12:20 am on March 19th, 2009 24
Listen for those of us experienced enough in the ways of the Phils, knew full well from the start what transpired that night. This is nothing new and the Phils officals know it. You basically have 3 types of new breed flips in that country; 1) The innocense type who hopes to marry a foreigner, so despite knowing full well what loosing her vaginity means goes ahead with the "ACT" anyway. 2) The experienced scammer who looks for that guy with the "DEAR CAUGHT IN THE HEADLIGHTS" look on his face; the green horn!! 3) The internet playgirl, she'll either tell you her Mother is sick, something or someone has or is about to die, or that she has a toothache, "Can you help me???" LoL!
What happens afterwards is this: The 1st type calls Mommie, and all her understanding, BAD advise giving gf's immediately after she realizes she's become the trick. "say he rapped you." The 2nd type immediately calls her brother or counsin's corrupt police buddy and yells "RAPE!, RAPE!" as in "GOTCHA! BUT WILL RELEASE-4-$$$$$" The 3rd type after skinning you will put you on the back burner, while setting up her next victim. She'll most likely be either married or have a hometown suitor or 2 already knocking the boots(secretly of course)…..no one must know, hehe.
For the Guy who is married to a Filipina, trust me dude, you are one of the lucky ones. So don't think that just because you have a flip for a wife that it automatically makes you an expert on Phil matters!!
Last but not lease, who the heck at the U.S Embassy approved her application for entry into the US "to start a new life." Mean while this young man has been sitting there, most likely sh!tting his pants every day out of fear and worry. What kind of BS is that!!??
PLZZZZZZZZ