The Subic Rape Case

The Court of Appeals decision to acquit US Marine Daniel Smith of the crime of rape was obviously made to finally put an end to the controversy that exposed a gross violation of Philippine sovereignty, a violation made possible by the Visiting Forces Agreement (VFA). The decision should enrage all patriotic Filipinos—men and women alike.

In particular, Gabriela finds the decision offensive to the Filipino women’s movement that has fought to advance a more thorough understanding of rape as an inhuman crime against women.

In order to absolve Smith—and insulate the VFA from public outrage—the court disregarded the evidence and bases of Justice Benjamin Pozon’s decision convicting Smith: Nicole was heavily intoxicated and rendered unconscious at the time she was raped; Smith was aware that Nicole was intoxicated and took advantage of her situation; Nicole did not consent as she tried to fight back despite her state of intoxication.

To lend credence to the appellant’s arguments, the court resorted to maligning Nicole. This suspiciously toes the line of earlier moves to vilify Nicole. Tragically, the court’s decision and grounds for such decision impact not only on Nicole but on all women victims of rape who seek justice before the courts. The ruling undermines the progress made so far by the Filipino women’s movement to push for a fair and just legal treatment of the crime of rape, and for the judiciary to fully comprehend the anatomy of rape. The decision is a throwback to the Dark Ages’ concept of rape: that only a woman of untainted virtue, such as a “demure provinciana lass,” can be raped; that a woman who does not ferociously fight back with all available limbs—her state of consciousness notwithstanding—consents to the sexual act, and that there is no such thing as date rape, only “spontaneous, unplanned romantic episode.”

It is even more infuriating how the court took a shot at trivializing rape by implying that it is absurd to think that American soldiers would rape an unconscious woman because, more than anything, they are afraid to violate their curfew. Despite decades of Philippine experience of US troops abusing and exploiting Filipino women and children, the court made it appear that US soldiers are like boy scouts who strictly follow rules and regulations.

The three justices behind the decision were seemingly not of sound mind when they reviewed the Subic rape case. They must have been under the influence of something more disorienting than alcohol, possibly, political pressure.

It is lamentable that they played a role in the perpetration of this grave injustice to Filipino women and Philippine sovereignty. Their decision only upholds the tragic reality that the existence of the VFA renders useless any struggle for justice being pursued by Filipinas abused by US troops; it also renders inutile Philippine laws and virtually puts to naught our national sovereignty.

—EMMI DE JESUS,
secretary general,
Gabriela National Alliance of Women in the Philippines,
35 Scout Delgado St.,
Barangay Laging Handa, Quezon City