American Soldier Jailed for Rape in Philippines

A US marine was today sentenced to 40 years in prison for raping a Filipino woman, in a keenly watched trial that sparked widespread anger at the US military presence in the Philippines.

Observers interpreted the ruling as a victory for women's rights and a sign that the Philippines is no longer in thrall to the US, its former colonial power.

In the nationally televised ruling, the judge, Benjamin Pozon, acquitted three other marines and their Filipino driver of complicity, but found Lance Corporal Daniel Smith guilty of raping the woman while she was drunk in November last year.

The woman, a 23-year-old Filipino identified only as Nicole, said Smith had assaulted her inside a van travelling on the former site of the US navy's Subic base while his three colleagues shouted encouragement.

Smith, 21, who insisted the woman had consented to sex, became the first American soldier to be convicted of a crime since the Philippine senate voted to close down US bases in the early 1990s.

The two countries have conducted joint training exercises since 1998 under a visiting forces agreement that critics say gives too much protection to US troops accused of committing crimes.

"I'm sad that three were acquitted, but I'm also happy because one was convicted," she said in a telephone interview with Philippine television.

Judge Pozon told the Makati regional trial court that the ruling was intended to protect women against sexual predators.

"[Smith] 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 the alcohol she had consumed, he said in a lengthy ruling that brought to an end a seven-month, emotionally charged trial that has gripped the country.

Smith showed no emotion when the verdict was announced, but several people in the courtroom cheered and applauded.

"We're very happy," said Evalyn Ursua, the woman's lawyer. "We laud Judge Pozon for showing courage and judicial independence. It is a moral victory, in addition to the legal victory."

Ignacio Bunye, a spokesman for the president, Gloria Arroyo, welcomed the court's decision, but said it would not harm relations with Washington.

"We laud the triumph of impartial justice. The court maintained an even keel despite the tremendous pressures upon the bench. We have shown the world that due process is a hallmark of Philippine democracy.

"The outcome of this case will not in any way affect Philippine-US relations for it is not about diplomatic relations, but about universal justice and the rule of law."

The verdict will automatically go to a higher court for review.