You can explain and express your emotion as many as you can.The longer and reasonable answer,the better .
2006-12-31 03:51:48 · 10 answers · asked by unhealty teenager 1 in Travel ➔ Asia Pacific ➔ Philippines
Prosecution and Defense Attorneys both accepted the proof she was intoxicated, passed out and did not have the mental capacity at the time to make a decision to have sex or not have sex. In the Philippines to have sex in that state of mind is rape, Therefore it was rape and a crime was committed.
She had brusies on her body indicating force was used by Smith to engage in sex. Once again these facts were accepted by both the Prosecution and the Defense and satisfies the Philippines legal definition of rape.
Regardless if it was rape or not Smith should not have dumped her out of the van onto the curb with a condom hanging from her pants. I would be willing to give the others in the van the benifit of the doubt that they may not have known she was being raped, but I have a difficult time excusing them for allowing her to be dumped to the curb. Unfortunately Philippine law required them to have known before entering the van Smith had plans to rape her for them to be charged as accessories to the crime. The others in the van got off on a Philippine technicality which is unfortunate.
I believe the Judge was fair and the laws of the Philippines were followed in reaching his verdict. I believe the punishment was based more on public emotion than fact and was too harsh. The punishment had more to do with a David and Goliath mentality. It was an opportunity for some in the Philippine to flex their muscles against the U.S.A. I believe Smith's punishment was used as a means by some in the Philippines to demonstrate their Anti-American sentiment.
I do not believe "Nicole" was as naive as her personal attorneys betrayed her. She was not totally innocent in my opinon. She had been with American Military Personnel before and in fact at the time the incident took place she was "seriously" dating and accepting gifts from another American Military Personnel who was not in the Philippines at the time.
She went to Subic to party knowing an American Naval Ship with Marines on board was in port. If she did not know it would have been easy for her to find out the club she was going to that night was frequented by foreigners and foreign military. There was no indication of any drugs being slipped in her drinks therefore she could have chosen to stop drinking before becoming intoxicated and she could have chosen to leave the club before getting drunk. Was she not aware that single women in a bar, mingling with strange men, accepting drinks from strange men, sitting at tables with strange men, sitting in the laps of strange men and kissing strange men do not lead strange men to make assumptions about the character of the women and assumptions about what the women are looking for?
Where were her Half-Sister and friends who went to the club with her while she was getting drunk and leaving the club with strangers? What moral responsibility do they share in what happen by not protecting their friend? Did they not take any action to prevent the rape from happening because it was a normal practice for Nicole and her friends to get drunk and leave bars with strangers? The Judge in keeping with the law on rape did not permit Nicole's past character to be portrayed in court.
Smith and Nicole made a bad choice to get drunk. Smith and Nicole may would have acted differently if they had not been intoxicated. What responsibility does the bar owner and managerment share in what happen by continuing to serve them knowing they were drunk?
Smith needed to be convicted for his poor choices, but there are others including Nicole that should share in the guilt. Smith should serve his sentence in the Philippines where the crime was committed, but the Visiting Forces treaty should be honored and until the appeal process is exhausted Smith should stay in the American Embassy in Manila.
Many life's have been destroyed and the damage can never be repaired. Relationships between families, friends and countries have been harmed. The only thing we can hope for is others may learn a lesson and not make the same mistake in the future.
2006-12-31 14:25:50 · answer #1 · answered by tom1941 4 · 4⤊ 0⤋
Look, Suzette Nicholas helped Smith put the condom on. She wasn't that drunk! And that was brought out in court as well. If she helped him with the condom, what did she expect other that sex.
She was jilted after sex and was seeking revenge. Would she have done this if it was a Filipino who had sex with her? Would the leftist lobby of the Philippines stand by her if it was a Filipino?
If anything, Smith is guilty of being a dumb ***, but once a Marine, always a Marine.
2007-01-01 17:08:00 · answer #2 · answered by c0w60y 4 · 0⤊ 0⤋
Nicole may have been drunk, and have exhibited bad behaviour in consorting with drunk Americans - but that she was thrown off the vehicle half-undressed shows that it was non-consensual. How can anyone think and argue otherwise? - How could anyone you have just had sex with leave you in a roadside? It just shows they thought she was trash. They made a mistake - and they didn't really realize she was educated, with a caring family. This is our opportunity to show the world most of our womenfolk are still decent and should be respected.
2016-03-29 02:00:00 · answer #3 · answered by Anonymous · 0⤊ 0⤋
He was found guilty beyond reasonaqble doubt, and sentenced. The "treaty" has never been ratified by USA. The Philippine constitution says that anyone sentenced in Philippines, must serve his sentence in Philippine institutions. The escape/kidnapping is a political affair. Your president wants a different constitution. she can't get it, so she spits at the one you do have.
And I'm an American.
2006-12-31 13:51:09 · answer #4 · answered by luosechi 駱士基 6 · 0⤊ 1⤋
If he's truly guilty , I think he deserves the sentence . If it was consentual as he is claiming then she needs to do some jail time .
2006-12-31 05:54:35 · answer #5 · answered by Ray H 7 · 0⤊ 0⤋
stupid nicole! it was indeed a prostitution act for her and not a planned rape for daniel! she was a certified liar and must go to jail or possibly to hell ... pity for smith!
2006-12-31 13:51:47 · answer #6 · answered by jah 1 · 0⤊ 0⤋
only GOD knows.
its hard to judge any of them because who are we to? are we there? we dont know who is telling the truth or just pretend to be true a victim.
in the end, they will be judge up there.
2007-01-01 04:11:49 · answer #7 · answered by johannea 3 · 0⤊ 0⤋
What can one say about a student who can't write English correctly!
2006-12-31 13:30:48 · answer #8 · answered by fed up with stupid questions 4 · 0⤊ 1⤋
if she was actually raped, i cant seem to understand why only smith was charged and not everyone who was with him.. seemed to me that they are "accessory" to the crime..
sorry but i kinda doubt she was actually raped.. in one way or another, she subjected herself to that..
2006-12-31 05:45:36 · answer #9 · answered by mystery moo 3 · 0⤊ 0⤋
my dad knows a trustworthy priest who was close with her. he said was not raped.
2006-12-31 03:53:45 · answer #10 · answered by nonphysical 3 · 0⤊ 2⤋