DOJ to downgrade rape charges against three US Marines

Justice Secretary Raul Gonzalez yesterday affirmed that rape charges would be filed against the main US Marine suspect over the alleged assault of a 22-year-old Filipina in Subic last year, but will downgrade the same charges against three more defendants from being perpetrators to accessories.

"I downgraded (the other three) to accessories (due to) the fact that they were there, they have knowledge and they just abandoned her," Gonzalez said referring to the three US Marines, Dominic Duplantis, Keith Silkwood and Chad Carpentier.

Principal suspect Daniel Smith could face life imprisonment to death if found guilty.

The four Americans were all originally accused of raping the Filipina just after taking part in joint Philippine-US military exercises in the former US naval base.

At a press conference, Gonzalez said the alleged victim’s own accounts indicated that only one person had raped her.

"There was no gang rape. In all the statements of the woman, there was only one who molested her," he stated. "There is no evidence of conspiracy."

The US Embassy in Manila said the recommendation of Gonzalez does not change Washington’s principal focus to see justice in the case filed against the US servicemen.

Press Attache Matthew Lussenhop declined to comment further on the recommendation.

"It (recommendation) does not change our principal focus and that is to see justice in this case that is in Philippine jurisdiction. We continue to cooperate with Philippine authorities," Lussenhop said.

Anticipating criticism for this, Gonzalez said he will not be bothered by whatever is the reaction of the victim’s mother.

"Whatever she says, I don’t care. All the affidavits submitted before were affidavits of the people inside the (van where the alleged rape happened). Even in the affidavit of the victim, she said it was only Smith who raped her," Gonzalez noted.

Gonzalez said Silkwood, Duplantis and Carpentier can post bail. "But they cannot leave the country."

The three could face six to 12 years’ imprisonment.

The Marines have insisted only one of them had sex with the woman and that it was consensual.

The men are in the custody of the US Embassy. It has refused to hand them over to local authorities until the trial starts, citing a provision under the Visiting Forces Agreement between the Philippines and the US that allows them to keep soldiers in their custody during legal proceedings.

The alleged rape triggered anti-American street protests in the former US colony. Leftist groups have raised it as an issue to attack the government’s ties with its main security ally.

Gonzalez noted, however, that Smith did not file a counter-affidavit denying the charges of rape against him.

"I sustain the charge of rape against Smith because he did not controvert the allegation against him by the victim," the justice chief said.

Gonzalez said he downgraded the charges against Silkwood, Duplantis and Carpentier from principals to mere accessories because there was no evidence proving that the victim was gang raped.

"It is impossible to gang rape the victim in 30 minutes," he pointed out. "If there is conspiracy, the act of one is the act of all. I will surrender my license if they can prove that there is conspiracy.

"The fact is that they knew what was going on and yet they did nothing. That makes them accessories. This is what I find in the evidence of the case," he added.

Gonzalez clarified that the mere presence of Silkwood, Duplantis and Carpentier does not necessarily make them guilty.

"That is what I find in the evidence. But that will still depend on the Makati RTC (Regional Trial Court)," he said.

He said he will turn over his resolution to the prosecution panel for submission before the sala of Makati RTC Judge Benjamin Pozon. — Jose Rodel Clapano, Pia Lee-Brago, AFP