On Dec. 04, 2006, US Marine Lance Corporal Daniel Smith was found “guilty beyond reasonable doubt” by a regional trial court, of having raped 22 year-old “Nicole” on Nov. 1, 2005 , inside a moving van in the Subic Bay Freeport and sentenced him to 40 years life imprisonment. As “Nicole” wept tears of joy and relief inside the courtroom, hundreds of her supporters who kept vigil since the night before, jumped and shouted in the grounds outside the courtroom. Thousands of others who waited for the news over radio and television manifested various emotions. One female supporter gave an instant pizza blow-out to her officemates. On the other hand, many felt dissatisfied that the three other accused US servicemen were acquitted for lack of evidence yet they watched and jeered as the crime was being committed.
It was an uphill battle from the start. This was not a mere case of an unknown woman filing rape charges against power wielding adversaries. This was a sovereignty issue as well. The four accused US servicemen were being protected by the Visiting Forces Agreement (VFA) which gives US personnel undue advantage: custody remains with the US and a one year period to finish the case is a requirement. Rape cases involving US servicemen during the presence of US military bases in the Philippines have reportedly reached a staggering 3,000 count . Not one of these cases ever reached court. The scene of the crime is a former US military base where prostitution is rampant so that the victim’s credibility was also in question. To top it all, majority of the public prosecutors, including the Secretary of the Department of Justice himself, was more interested in maintaining “good relations” with the US than in defending an abused Filipina.
But “Nicole” and her family sailed the storm. No amount of public insults hurled by supposed protectors from government changed their resolve. Offers of a sell-out were exposed by the victim’s mother herself. Competent and feminist private prosecutors together with an independent regional trial judge eventually led to the “guilty” verdict.
Task Force Subic Rape (TFSR)*, a loose network of 15 organizations including members of the World March of Women in the Philippines, was mainly responsible for various forms of support to this case some of which were:
1. Daily presence during the difficult period of trial, bodily shielding “Nicole” from media and curious on-lookers ;
2. Heightened public interest, broadened and sustained support for the case through the conduct of education and information campaign , holding of creative protest mass actions and pickets in various places ;
3. Watchdogs of public prosecutors’ moves to “sell” the case and called the attention of the Department of Justice and its government prosecutors’ apparent bias to side with the US servicemen instead of the victim;
4. Highlighted the gender issues of the case.
5. Created public interest and awareness about the one-sidedness and onerous provisions of VFA including those that undermine the sovereignty of the country;
6. Linked the rape issue to the VFA which allows U.S. troops to enter the country and exposes the women population to potential sexual and physical abuse;
7. Involved legal personalities in the struggle, namely: a former vice president, a former senator and foreign affairs secretary, former cabinet members, a former university president, present congress representatives, leading church leaders, university professors, academicians, religious nuns and priests, artists and NGO personalities.
The Subic Rape Case is a landmark case as it is the first case against US servicemen that prospered in court, because of its importance in challenging the implementation of the Anti-Rape Law in furtherance of Women’s rights and because it put to test the exercise of sovereignty in a crime that involved the VFA.
But the case is far from over. Smith has a pending appeal and he remains inside the premises of the US Embassy, technically, outside Philippine soil. And whatever happens to the legal aspect of the case, the fight against rape and other war-related violence against women is far from over.