Last year, Lance Corporal Daniel Smith was accused of raping an intoxicated 23 year-old Filipina. This week he was found guilty of the crime, ordered to pay $2,000 to the victim, and sentenced to 40 years in prison. Three other marines, accused of complicity for doing nothing to help the woman, were acquitted. The emotional trial has been seen as a test of the Philippines’ political independence.

The televised judgment read, “He was the one who was on top of the complainant, who resisted his kisses, pushed him and fought him back until she lost consciousness because of alcoholic drinks she had taken.” Smith and the three acquitted marines claimed the sex was consensual. However, citing testimony that Smith had to carry the woman to a van where the incident occurred, it was ruled that she was too intoxicated to have consented to sex. Judge Benjamin Pozon said the punishment was aimed “to protect women against the unbridled bestiality of persons who cannot control their libidinous proclivity”.

The judge then ordered Smith to be detained at the Makati jail while Philippine and US officials work out where he should serve his sentence. Philippine Justice Minister Raul Gonzalez said the US intends to take Smith out of the country. He said yesterday, “The US seems to be indicating they want to bring Smith to Okinawa for another trial, trial by the US court.” Gonzales said that under the Visiting Forces Agreement (VFA), the US could seek custody of Smith even though Philippine authorities insist he remain in the country until his appeal process is exhausted.

Around 100 Filipino protesters gathered outside the court with signs that read, “Justice for Nicole, justice for our nation. Scrap VFA”. Critics of the VFA say it unfairly favors America and grants US troops protection against prosecution. Smith is the first American soldier to be convicted in the Philippines since Manila closed US bases in the early 90’s. A spokesman for Philippine President Gloria Macapagal Arroyo said, “the outcome of this case will not in any way affect Philippine-US relations for it is not about diplomatic relations but about universal justice and the rule of law.”

Today, the Philippine Foreign Affairs Department received a note from the US Embassy “reaffirming the right of the United States military authorities to exercise custody of any United States personnel over whom the Philippines is to exercise jurisdiction until completion of all judicial proceedings.” However, the department said that, “Mr. Smith may be transferred to the custody of United States authorities only upon the authority of the court.” In the courtroom, a scuffle broke out between US Embassy security personnel and local Philippine police. After some pushing and shoving, Philippine police took hold of Smith and led him away in handcuffs.

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