For Immediate Release
April 23, 2009
Reference: Raquel Redondiez, Chair, GABRIELA USA, 415-244-9734
GABRIELA USA Denounces US-Philippine Collusion in the Acquittal of a High-Profile Military Rape Case
Filipina-Americans in the United States express our disgust and anger at the news that the Court of Appeals in the Philippines has acquitted Lance Corporal Smith in the 2005 rape case of “Nicole.” Lcpl. Smith was convicted of raping “Nicole” on December 4, 2006, and legalities around custody and sentencing has been ongoing for the past three years. Due to the highly contentious Visiting Forces Agreement (VFA), Smith has been in the custody of the U.S. Embassy instead of a Philippine prison. However, on March 12 of this year, a questionable recantation by “Nicole” was released while in the same month, monetary compensation and the termination of her legal counsel casted doubt on who prepared the content of the affidavit.
In this long and dirty case, US and Philippines collusion through loopholes in the VFA have demonstrated that in the Philippines, the rule of law and justice are commanded by American interests and corrupt politicians. The Court of Appeals has failed Filipino women worldwide. Instead of holding Smith accountable of rape, the appellate court has repealed the justice that was already rightfully won by “Nicole” and her family. After years of struggling and fighting with huge and broad support from Filipino organizations like GABRIELA in the Philippines and worldwide, Smith’s acquittal from his legitimate conviction in 2006 is a betrayal to both Nicole and her loved ones, but also to all of the Filipino women, children and men who have been victims of sexual assault and crimes by US military servicemen.