Three paragraphs from Nicole’s affidavit damn Smith even more.

Par. 8 With the events at the Neptune Club in mind, I keep on asking myself, if Daniel Smith wanted to rape me, why would he carry me out of the Neptune Club using the main entrance in full view of the security guard and the other sources? Why would the van park right in front of Neptune Club? Why would Daniel Smith and his companions bring me to the seawall of Alaba Pier and casually leave this area that was well lighted and with many people roaming around? If they believed that I was raped, would they have not dumped me instead in a dimly lit area along the highway going to Alaba Pier to avoid detection?

Those questions are not only immaterial but they can be answered very simply with “maybe they didn’t give a crap.”

Par 9 “Recalling my testimony, I ask myself now how could I have remembered this if witnesses told the court that I passed out and looked unconscious when I was brought to the van by Daniel Smith. How could I have resisted his advances given this condition? Daniel Smith and I were alone on the third row of the van which had limited space and I do not recall anyone inside the van who held my hand or any part of my body. What I can recall is that there was very loud music and shouting inside the van.”

So she was so drunk she’s not sure she was f*^$%*d without her consent?

DATE RAPE is what you call that.

How can an unconscious or semi-conscious woman give consent?

Absence of resistance or the ability to resist does not necessarily mean consent. It could mean fear or inability to exercise judgment due to extraneous factors like too much alcohol.

Par. 10 “If the travel from Neptune Club took only several minutes and with the driver of the van trying to beat the curfew time of his passengers, how could I have instantly regained my consciousness and talked to the people upon reaching the seawall of Alaba Pier? When people gathered around me at the seawall, everyone seemed to have drawn the conclusion that I was raped except for one who called me a bitch.”

Doesn’t this paragraph confirm what she said about her state of consciousness in par.9

“How could I have instantly regained my consciousness and talked to the people upon reaching the seawall of Alaba Pier”?

Nicole could still not bring herself around to categorically stating that she either engaged in consensual sex or she was raped. I was too drunk, I’m not sure anymore what happened is what her affidavit says.

The case is People of the Philippines vs. Daniel Smith not Nicole vs. Daniel Smith. Nicole was the People’s witness against Smith. Her testimony plus evidence of sexual activity is what led to Smith’s conviction. In other words, there was evidence that there was sex. Smith admitted he f*%#ed her.

Nicole now says she was too drunk/barely conscious when the f*&%#ing happened. In that case, Smith raped Nicole.

Let’s leave Nicole in peace and Smith in jail.

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