On Nicole’s affidavit and Smith’s acquittal

I know we haven’t opened this blog for a long time. I was alarmed to read all your comments. I just wanted to say this:

No, we are not mad at Nicole for what she did. We still think kindly of her. We understand her, and we know without a doubt that she was raped.

Her affidavit was not a recantation. Also, Nicole was only one witness to the case. There were others who described her condition at the club. They also confirmed what she drank. A team of toxicologists calculated her blood alcohol level based on the drinks.

There are three other conditions for rape apart from sexual coercion:

1. Victim is mentally retarded.

2. Victim is psychotic.

3. Victim is drugged or intoxicated.

Nicole’s case fell in the third condition. Per her blood alcohol level at that time, she was not in any position to give consent. Smith took advantage of her vulnerable and intoxicated state.

We will be getting together this weekend. We’ll post something after then.

Like thieves in the night

(N.B. This is Teresita Ang See’s Beats and Bytes column in Tulay, a Chinese-Filipino digest published by Kaisa Para sa Kaunlaran. The author is an awardee of The Outstanding Women in the Nation’s Service [TOWNS], one of the many organizations helping Nicole.)

Faust sold his soul to the devil for short-term personal gain. The Philippine government seems close to doing the same.By agreeing to give the United States custody of convicted rapist, Lance Cpl. Daniel Smith, the Philippine government has practically sold out the country’s sovereignty. The convoluted logic given by Malacañang spokespeople: The move is better than a pardon for Smith, and it will ensure continuation of the joint military exercises. Excuse me? These statements raise two sore points.

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Women’s groups slam DOJ on turnover of Smith to US hands

Press Release

Task Force Subic Rape

Dec. 6, 2006

Members of the Justice for Nicole Justice for the Nation Campaign Network (JNJNCN) and Task Force Subic Rape (TFSR) picketed the Department of Justice as Chief Prosecutor Zuno ceded custody of Lance Cpl. Daniel Smith to
US custody following his 40-year for rape two days ago.

Supporters of Nicole maintained that Smith should serve time in a Philippine jail; anything less would transform the landmark conviction to a hollow victory for Nicole.


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TFSR and the nation celebrate Nicole’s victory

Press Release
Task Force Subic Rape
Dec. 4, 2006

It is with deep pride and humility that the Task Force Subic Rape and the “Justice for Nicole Justice for the Nation” campaign join Nicole, her family and relatives, supporters and the entire nation in welcoming the decision of Judge Benjamin Pozon of the Makati Trial Court.

We believe that the Subic rape case is a landmark case for being the first that has come to trial in our country against U.S. servicemen, and for its importance in challenging the implementation of the Anti-rape Law in the furtherance of women’s rights. The case of Nicole has brought to light not only the issue of violence against women but also just as important the nature of the Visiting Forces Agreement or VFA.

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Comments disabled

 [edited 11/18/06: We are allowing comments again, but subject to moderation. You may still express opposing views but must (1) not use degrading language, and (2) respect fellow commenters, especially those who do not agree with you.]

As much as we wanted to provide democratic space in this blog, we are forced to take this measure to protect Nicole. We may even have to shut down this blog if some of you persist in dumping garbage in it.

We have observed that most of the comments in this blog are coming from only one person who has been using different names. We know because we have the IP addresses, internet service providers, and location of everyone who writes a comment.

Why anyone would deliberately assume different identities and spend an inordinate amount of time commmenting on this blog is beyond us. But we have our suspicions.

The comments have been toxic, full of hate, mischief and black propaganda. But we allowed them because we wanted to know what the public has to say about the case. But they have gone to the extent of revealing and spreading the true identity of the rape victim, which is an intolerable violation of the good intentions on which this blog was built.

While some bloggers may have opposing views and may not support Nicole, nobody has the right to destroy her. Nobody has the right to violate anyone’s privacy.

We never imagined that any person could be so inhuman.

But before we disappear from cyberspace, allow us to answer some of the points raised:  

  1. We have not received a single centavo to keep this blog going. We only disseminate the information that Nicole’s supporters want published. 

  2. You ask why of all the rape victims, why do we support only Nicole. The groups supporting Nicole have been supporting rape victims for a long time. You just didn’t hear of them. Nicole was simply one of the most prominent rape victims and her case got extensive media coverage.

From Nicole on the anniversary of the Subic rape

Isang taon na ang nakalipas mula nang ako ay ginahasa at tinapon ng mga Amerikanong sundalo sa tabi ng daan na parang baboy. Sa araw na ito noong nakaraang taon, pumunta ako sa Subic kasama ang aking mga kapatid para magbakasyon. Noon, punong-puno ako ng buhay at pag-asa sa aking kinabukasan. Noon, masaya akong nabubuhay kasama ang aking pamilya. Hindi ko akalain na ang aking pagbakasyon sa Subic ay hahantong sa isang trahedya. Sa araw na ito noong nakaraang taon, nagbago ang aking buhay.

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Women’s groups to hold ‘Take back the Night’ on Subic rape anniversary

For the first anniversary of the Subic Rape Case, women’s groups led by Pagkakaisa ng Kababaihan (KAISA KA), People’s Task Force for Bases Clean-Up, and YAKAP-SUBIC, are set to hold a Take Back the Night, a march that aims to raise people’s awareness on violence against women, on Wednesday, Nov. 1, 2006 in Olongapo City.

Nicole was allegedly raped there last year while she and her siblings were on vacation.

To condemn the alleged crime, the said groups will lead Nicole’s other supporters at the main gate of the Subic Bay Freeport Zone, and will then march to the Ulo ng Apo. Candles will be lighted.

Take Back the Night rallies began in England as a protest against the dangers women faced while walking the streets at night. The first of such rallies in the United States was held in San Francisco in 1978.

Task Force Subic Rape hails Prosecutor Hazel Valdez for speaking out on the cancellation of the rebuttal

Press Release
October 6, 2006

The Task Force Subic Rape commends Prosecutor Valdez’ for her courage to speak about her displeasure over the events that led to the arbitrary cancellation the rebuttal which abruptly ended the trial of US servicemen for the rape of Nicole.

Said Yuen Abana, TFSR Co-Coordinator: “This is a moral victory for Nicole , all other victims of rape and her growing number of supporters. Prosecutor Valdez’ act of crossing the line speaks for her integrity and conscience.” She said this amidst joyful cheers of TFSR members while watching the television interview.

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Online Petition: Justice for Nicole, Justice for our Nation

N.B. Below is the petition drafted by the Task Force Subic Rape. To add your signature, please follow this link.

You may also send your signature to tfsrsecretariat@yahoo.com, with this in the subject line: “Online Petition: Justice for Nicole, Justice for our Nation.”

The trial of the Subic Rape Case in which four U.S. servicemen have been accused of raping a Filipina is coming to an end. We wholeheartedly commend the victim “Nicole” for gathering the courage to defend her dignity and demand justice for herself and our nation.We believe that the Subic rape case is a landmark case for being the first that has come to trial in our country against U.S. servicemen, and for its importance in challenging the implementation of the Anti-rape Law in the furtherance of women’s rights.

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Doc admits lack of injuries can still prove rape

Monday, Sept. 25, 2006

A doctor, who testified last Monday that Nicole sustained no injuries significant to prove rape, acknowledged today that lack of physical injuries on the victim does not necessarily rule out sexual assault.

Defense’s expert witness Dr. Teresita Sanchez agreed with prosecutor Hazel Valdez when the latter quoted a book saying, “Evidence of injury is not essential for the prosecution of a rape case.”

Sanchez, an obstetrician-gynecologist, further admitted that depending on some factors, rape might not cause external injuries to the victim.

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