American Marines Charged With Rape in the Philippines

Philippine prosecutors yesterday charged four American marines and their local driver with raping a Filipina after an evening drinking in a nightclub near the US's former Subic Bay navy base.

One of the five, Lance Corporal Daniel Smith, allegedly had sex with the 22-year-old woman in the back of a van on November 1 while the three other Americans, Lance Cpl Keith Silkwood, Lance Cpl Dominic Duplantis and Staff Sergeant Chad Carpentier cheered him on and the driver did nothing to prevent the crime, the court documents said.

Under Philippine law all five can be charged with conspiracy to rape. "The case is strong. There is evidence. Conviction hinges on the credibility of the victim, and we are banking on that," the prosecutor, Raymond Viray, said after the documents were filed in a court in Olongapo City, where the alleged incident is said to have occurred.

The marines, who were on leave at the end of joint exercises with their Philippine counterparts at the time, met the woman in the nightclub, the charges state. "[She] was forced outside of the club and brought onboard a vehicle where she was kissed, caressed on sensitive parts of her body, undressed and raped," the documents say. "She resisted and shouted for help as the other occupants of the van cheered on."

The marines are being detained in the US embassy under a visiting forces agreement (VFA) which grants limited immunity to armed forces personnel charged with crimes while on duty in the former colony. They have claimed in affidavits that the alleged victim participated willingly.

The woman's lawyer, Katarina Legarda, insisted yesterday that it was rape. "The medico-legal findings show too many bruises for there to be consensual sex," she said.

Mr Viray agreed. "They took advantage of the victim's intoxication, who they later abused using superior strength," he said.

The accused have 10 days to file a reconsideration to the court. If that is rejected they can seek a review through the justice department.

Ms Legarda said she was considering petitioning the court to reconsider its decision to release two other marines after evidence suggested they were buying a pizza rather than in the van at the time of the incident.

Prosecutors said they hoped the US embassy would hand over the accused to local authorities to be detained after the arrest warrants are issued next week. The embassy issued a statement yesterday promising to cooperate with the authorities but it made no mention of whether the men would be handed over.

"It is a principle of Philippine and American law that anyone accused of a crime is presumed innocent until proven guilty," the statement said. "The US remains committed to seeing that justice is served, and looks forward to a fair and impartial process that can provide for a just outcome."

Washington shut the massive Subic Bay base in the 1990s after local protests. The VFA was signed in 1999 and since then American troops have regularly exercised in the Philippines and helped train local troops.

They are not permitted to actively participate in operations against the communist rebels and Muslim insurgents but at times have all but done that under the guise of training.