US marines face rape charge

2005-12-27 11:01

Olongapo - Philippine prosecutors on Tuesday charged four US marines with rape in what is seen as a test case for a bilateral accord allowing American troops to train here.

Prosecutor Prudencio Jalandoni filed charges of rape against the four marines before a regional trial court in Olongapo, near the site of the alleged November 1 rape, and sought their arrest and detention without bail.

The men, who were on liberty after participating with joint exercises with Filipino forces, are in US Embassy custody.

In documents submitted to the court, Jalandoni alleged Marine Lance Coporal Daniel Smith raped a 22-year-old woman inside a van at Subic Bay free port, a former US naval base northwest of Manila, while his fellow marines cheered him on to the beat of loud music.

Also charged were Keith Silkwood, Dominic Duplantis and Chad Brian Carpentier. Their ranks and hometowns weren't immediately available.

Smith and the others, along with the woman, had been drinking at a bar and were rushing back to the USS Essex to beat a curfew, he said.

No sign of struggle

The Filipino driver of the van, Timoteo Soriano, who was initially considered as a key witness, was also charged as a "co-conspirator" for apparently doing nothing to stop the alleged rape.

The Americans have denied participating in or witnessing the incident. Some said in written statements that they saw Smith and the woman kissing and petting in the van's backseat but indicated there was no sign of struggle by the woman, according to Jalandoni.

Citing accounts of the marines, witnesses and a medical examination of the woman, Jalandoni said he and other prosecutors concluded Smith had raped her while his companions egged him on.

"The complainant claimed that she was forced, although the answering respondents claimed that the sexual congress was consensual," said Jalandoni. "We believe that the victim was raped. She was screaming and struggling against Smith at the time.

Crucial test

Two other marines, Corey Burris and Albert Lara, were cleared after submitting evidence that they were buying at pizza and were not in the van during the alleged rape, Jalandoni said.

Those named in the charges could file a motion for reconsideration of the case within 10 days, Jalandoni said.

Another prosecutor, Raymond Viray, said the case would be a crucial test for the Visiting Forces Agreement, which allows American forces to conduct counterterrorism manoeuvres with Filipino troops. Critics have expressed concerns that US officials would use the accord to shield the marines from prosecution.

US Embassy officials have said they would cooperate with the Philippine government in the investigation, but have not indicated if they would agree to transfer the marines to Philippine custody.

- AP