Anyone with any sense could have recognized the way the “Subic Rape Case” was going to play out the moment it first hit the news. An opportunistic provincial barfly manages to get a U.S. serviceman into a grossly compromising position – not too hard to do – makes a big scene in the media and the courts, enlists the assistance of a butch militant leftist tub-thumper for women’s rights, and rides a wave of sympathy and post-colonial angst out of whatever miserable circumstance her life was here and into the Golden Land of Opportunity.
The outrage that Pinoy commentators and much of the public is expressing is completely misplaced. Dan Smith didn’t get away with rape, because he didn’t rape anyone. If anything was raped, it was the Philippine justice system – but that one’s been bent over with its pants around its ankles for so long now it’s amazing anybody still cares. The ones who got away with it are Nicole or Suzette or whatever her name really is, and her Girl Power cheer squad. If there is any outrage to be expressed, it ought to be directed at them for making a mockery of the courts and attempting to undermine an international relationship the country really can’t afford to completely forego, all for the bargain price of about $2,000 and a free pass to America for one selfish individual.
Are the U.S. government and Daniel Smith blameless in all this? Hardly. The U.S. military has a long and depressing tradition of cultural insensitivity. Just ask the people in Okinawa how that works. As my brother, a long-time Navy veteran, once observed, the military is very good at punishing misbehavior among servicemen, but does very little to educate those young men beforehand about how they can keep themselves out of trouble in the first place. Even so, Dan Smith is probably not so mentally challenged that he couldn’t recognize a bad situation before he got into it and he should and probably eventually will be rather harshly punished for being a willful dumbass and embarrassing his uniform and country.
There are many good reasons why the VFA ought to be re-examined by both nations, and contrary to popular belief here, there are a significant number of people in the U.S. who agree with their Pinoy opposite numbers, although for different reasons, that perhaps the whole thing needs a serious overhaul, if not outright scrapping. But none of those reasons should be a case of Hoochie meets Hillbilly gone wrong. Basing fundamental policy on knee-jerk, hot-button, and essentially inconsequential tabloid fodder happens way too often here. Time to sit down, take a few deep breaths, tell the media hounds to quit shouting for a little while, and think things through – and then maybe you’ll come up with something to be outraged about that you can really change.
Contributing Writer: Benjamin Kritz
Popularity: 2% [?]
1) Dan Smith didn’t rape anyone?
To recap, Nicole admits she was too drunk to remember what happened, which is too drunk to give consent, and witnesses say he carried her our while she was unconscious. Smith admits he slept with her in this condition.
Isn’t this the very definition of date rape?
2) Opportunistic? Because it totally makes sense that she hatched a three-year long plan to get $2000 and a passport. Does anyone really believe that Smith&Co did not offer to settle BEFORE he was convicted? What’s more likely, that she refused when the pain was fresh and gave in when she was hounded for 3 years, or that THIS IS ALL PART OF HER MASTER PLAN? She just felt like waiting 3 years, yo!
Cudna said it better.
The only thing I would add is that what truly exacerbated the unfair and unjust publicity was the nearly universal ignorance of the Law on privacy when it comes to rape cases.
Everybody seems to think that only the alleged victim of the rape has the right to have personal identity protected. As the posts on RA 8505 below show, the law explicitly demands parity of right to privacy (they should both be protected equally).
http://filipinovoices.com/the-lynch-mob-turns-on-the-media-and-bloggers
http://filipinovoices.com/nicoles-american-dream-suzettes-legacy
this is a gross violation of due process before and during the trial phase. It is inconceivable that the accused could possibly be convicted with finality now because of this wanton disregard of equal protection.
The claim of some that the accused voluntarily waived this right is entirely ludicrous and false.
This aspect of the case also suggests the complete lack of ethics on the part of the Press, their shameful prejudice and one sidedness.
By the way, where Katrina Legarda and Evalyn Ursua were accusing the PDI of criminal liability for publishing the name and picture of Nicole, they are most probably wrong, since the trial phase is over.
On the other hand, a simple reading of Section 5 of RA 8505 clearly shows the criminal liability of Ursua herself, as Prosecution counsel for Nicole, is indeed criminally liable:
http://www.lawphil.net/statutes/repacts/ra1998/ra_8505_1998.html
Suzette finally WOKE UP.
It keeps getting clearer and clearer that both Smith and Suzette were USED? in this case because they are young and naive.
Suzette was used by Gabriela, Maza, Hontiveros, Madrigal, Salonga, anti-Americans., etc.
Suzette was used by Judge Pozon and the Philippine Judiciary System.
The Philippine DOJ must investigate Suzette’s lawyer, Evalyn Ursua, and Gabriela, Bayan Muna, etc., and find out if Ursua wanted Suzette to give false testimony.
If proven guilty, Ursua and her groupies could go to jail from 6 years to 40 years.
GOOD!
Hi Ben,
Your post should preperly be in the contributor’s column.
You can do this by removing the post from the current news category sir so it will go to the main column.
Smith raped Nicole. But, Nicole used the rape
case as a ticket to get U.S. Green Card Visa.
Good exchange…
If Smith is cleared. U.S. is also cleared of the
issue of sending Rapists to other countries.
Stop right there. On cultural insensitivity. It’s always the americans’ obligation to be culturally sensitive. Sensitivity is a two way street. The understanding that the other do not always know the culture of the other.
In fact, Americans and Europeans are the ones bending their back to accomodate immigrants who refuse to assimilate in their countries.
VFAgreement like Nicoles Affidavit shows that Agreemnts and Affidavits do not count in the Philippines and 3rdworld banana countries. It can be changed and revised midstream.
It's funny how Filipinos tend to cry foul, racism etc, when they are overseas. But they can't see that they are just as racists and prejudiced in their own country. Nicole or Daniel, whoever (or whatever as some people want to imply) did not deserve a circus. They had every right to seek justice, but in the end, they both lost.