Smith acquittal discourages 'victim' from filing sex raps - solon

MANILA, Philippines – The acquittal of Lance Corporal Daniel Smith – a US Marine previously convicted of raping Suzette “Nicole" Nicolas – is discouraging a Filipino woman from filing a case against another American serviceman whom she accused of raping her.

Gabriela party-list Rep. Liza Maza on Thursday said that the victim, identified only as "Vanessa," doubts that the alleged rapist, identified only as John Smith from the US Marines, would be brought to justice.

"Nakita niya ‘yong nangyari kay Nicole at siya’s (Vanessa) atubili at ‘di niya pa nakikita na siya ay magsasampa ng formal na kaso dahil nakita niya ang nangyari kay Nicole. Kung ganiyan ang mangyayari, baka ‘di siya makakuha ng hustisya," Maza said in an interview on Unang Hirit.

[Vanessa saw what happened to Nicole’s rape case against Daniel Smith, that’s why she is unsure whether to file a case against her rapist because justice might not be served.]

The Court of Appeals last April 23 acquitted Smith of rape, overturning the 2006 decision of the Makati Regional Trial Court.

The CA said no evidence was introduced to show that "force, threat, and intimidating" were used by Smith against Nicolas "even as prosecution vainly tried to highlight her supposed intoxication and alleged unconsciousness at the time of sexual act."

Despite Smith’s acquittal, Maza on Thursday said that Vanessa expressed willingness to speak up against John Smith’s alleged sexual assault against her.

In an article posted on pinoyweekly.org, Gabriela was quoted as saying that Vanessa was raped by a US Marine last April 18 inside the latter’s hotel room in Makati City.

Vanessa and the American reportedly began seeing each other at a club in Taguig City’s The Fort last April 10. The man introduced himself as a member of the US Marines, befriended the victim, and later asked for Vanessa’s cellular phone number.

In the television interview, Maza said it was Vanessa who identified the alleged rapist as John Smith from the US Marines.

As of posting time, a press conference is underway where Vanessa will detail John Smith’s purported rape against her. - GMANews.TV