The Subic Rape Case

On March 12, “Nicole” issued a sworn statement suggesting that she might have welcomed the sexual advances of US Marine Lance Cpl. Daniel Smith, raising doubts over the American serviceman’s rape conviction in 2006.

In a press conference on March 17, lawyer Evalyn Ursua announced that Nicole had dropped her as legal counsel and flown to the United States. In an interview on the same day, Nicole’s mother said that her daughter had decided “to move on” and start afresh with her American boyfriend of two years.

The Nicole rape case had spawned a renewed protest against the RP-US Visiting Forces Agreement, and shocked anti-VFA proponents aired suspicions that Nicole might have been pressured by the US.

Key events

Nov. 1, 2005—Eight people are at the Alava Pier, between the Subic Telecom and Subic Chamber of Commerce offices, to watch US soldiers return to the ship. They see a Kia Starex van pull over, where two Caucasians emerge carrying the victim by her hands and feet, as if she were a pig (“parang baboy”). The victim has her shirt and underwear on. Another Caucasian emerges from the van, throws away the remaining beer in a bottle. He rolls the bottle in the direction of the victim. He gets in the van and throws a pair of pants the victim’s way.

The eight witnesses get near the victim. Witnesses call a mobile patrol of the Subic Bay Metropolitan Authority (SBMA) to report a “possible rape.”

Nov. 2—Victim is taken to James Gordon Hospital in Olongapo City, just outside the free port, for a medico-legal test.

Nov. 3—The victim, identified in news reports as “Nicole,” a 23-year-old management accounting graduate, accuses four US Marines—Lance Corporals Smith, Keith Silkwood and Dominic Duplantis, and Staff Sgt. Chad Carpentier—of conspiring to rape her in a van at the Subic Bay Freeport Zone.

The four Marines, part of a US contingent involved in military exercises, are on shore leave at the time.

Dec. 27—Prosecutors charge the Marines with rape.

Jan. 13, 2006—A Makati judge issues arrest warrant for the four Marines.

June 2—In her first court appearance, Nicole relives ordeal; a security guard at the Neptune bar testifies he saw Smith carry a drunk woman on his back to a van.

June 8—Nicole walks out in tears as businessman Joseph Khonghun tells the court what he witnessed on Nov. 1. The 51-year-old Olongapo-based contractor is among those who saw Nicole being unloaded from the Starex van.

June 29—A doctor tells court the accuser suffered injuries consistent with sexual assault.

July 6—Nicole breaks down on the stand as she identifies Smith as her rapist.

Sept. 11—Smith testifies he had consensual sex.

Dec. 4—Smith is found “guilty beyond reasonable doubt” of raping Nicole, and is sentenced to serve up to 40 years in prison. The three others are acquitted. Inquirer Research, Source: Inquirer Archives