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Marine gets 40 years for rape
04/12/2006 09:16 - (SA)
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| US marine lance corporal Daniel Smith is escorted by police after being sentenced to 40 years in prison for rape in the Philippines. (Wally Santana, AP) |
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Manila - A US marine was convicted on Monday in a landmark rape case and sentenced to 40 years in prison, ending a long, emotional trial that has strained US-Philippine ties and tested a joint military pact.
Three other marines were acquitted of complicity.
A 23-year-old Filipino woman, known publicly by her pseudonym "Nicole", accused lance corporal Daniel Smith of sexually assaulting her while she was drunk last November 1, while staff sergeant Chad Carpentier, lance corporal Keith Silkwood and lance corporal Dominic Duplantis allegedly cheered him on.
Smith, 21, from St Louis, Missouri, had testified that the sex was consensual.
Instead, he became the first American soldier to be convicted of wrongdoing since the Philippine senate ordered US bases shut down in the early 1990s and joint training was established under a treaty, the Visiting Forces Agreement (VFA), in 1998.
"He was the one who was on top of the complainant, who resisted his kisses, pushed him and fought him back until she lost consciousness because of alcoholic drinks she had taken," said the lengthy verdict, read by a court employee as the proceedings were televised live nationwide.
The verdict said Nicole was so intoxicated that she could not have consented to sex, pointing to testimony that Smith carried her to a van where the incident occurred.
Some cheers and applause broke out in the courtroom, and Nicole began weeping as supporters embraced her.
It was unclear whether Smith would serve the sentence in the Philippines or elsewhere. He also could appeal the verdict.
The other marines backed up Smith's testimony, denying any wrongdoing, and were freed.
About 100 protesters gathered outside the courthouse, chanting and singing "Bayan Ko" - "My Country" - a popular nationalist song. They waved a banner that read "Justice for Nicole, justice for our nation. Scrap VFA".
As a van dropped the Americans off and they were escorted by 50 helmeted riot police toward the court, members of women's group came up from behind yelling, "Convict, convict! Justice, justice!" as they raised anti-US posters.
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