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   Four US Marines Charged for Raping A Filipino Woma
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   Author  Topic: Four US Marines Charged for Raping A Filipino Woma  (Read 5262 times)
nOrKAy
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Four US Marines Charged for Raping A Filipino Woma
« on: Jan 19th, 2006, 8:29am »
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[courtesy of asia.news.yahoo.com]
 
OLONGAPO, Philippines (AFP) - Four US Marines and a Filipino driver have been charged with raping a 22-year-old Filipina woman, prosecutors said, in a case that has reopened old wounds in the former US colony.
 
After a lengthy preliminary investigation that began last month, prosecutors said they had concluded that there had been a conspiracy to commit rape, in the incident in the former US Naval base of Subic Bay north of Manila.
 
"We expect the warrants of arrest to be issued as early as next week," prosecutor Raymond Viray told AFP.
 
"The case is strong. There is evidence. Conviction hinges on the credibility of the victim, and we are banking on that."
 
"They took advantage of the victim's intoxication, who they later abused using superior strength," Viray said.
 
The Filipino driver of the van in which the crime allegedly took place was also named as a primary suspect after he recanted his earlier statement supporting the victim's allegations that she was raped.
 
Two other US Marines initially named as suspects were however not included in the charges.
 
Viray said only one of the four actually sexually assaulted the girl, but that the three and the driver provided "moral assistance" in committing the crime.
 
"Under our criminal law, there can be gang rape in the sense that others were together, encouraging or cooperating with the rape itself. And that is considered rape by all of them," added the girl's lawyer, Katrina Legarda in a separate interview.
 
"Everyone (is) a principal (suspect) because there was inducement or cooperation if not participation," she said.
 
The suspects in their affidavit said the girl had consented to have sex with one of the soldiers, identified as Daniel Smith, a claimed challenged by Legarda.
 
"The medico-legal findings show too many bruises for there to be consensual sex," she said.
 
The American troops were part of a contingent that took part in joint military exercises with their Filipino counterparts in Subic, a former US naval base shut down in 1992.
 
The case has drawn widespread media attention in this former American colony and human rights advocates say it has opened up old wounds caused by past abuses.
 
It is also seen as a litmus test for the visiting forces agreement, a treaty that grants limited immunity to criminal prosecution to American soldiers taking part in maneuvers here.
 
The US embassy in Manila had invoked the treaty in refusing to hand over the suspects, but said diplomats would turn the Marines over to authorities if the four were formally charged.
 
Rape in the Philippines is punishable by life imprisonment or death if there were aggravating circumstances.
 
Viray said the foreign department would coordinate with the US embassy once the warrants of arrests are issued.
« Last Edit: Jan 19th, 2006, 8:54am by nOrKAy » IP Logged

nOrKAy
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Re: Four US Marines Charged for Raping A Filipino
« Reply #1 on: Jan 19th, 2006, 9:38am »
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Not only this time that US military did this heinous crime in all over the world. Back in 1995, three US service men pleaded guilty to raping a 12-year old girl in Okinawa, Japan, where the US also maintains a military base. Another incident of rape in Okinawa was also reported in 2001. Elsewhere US military personnel have been embroiled in other controversies such as prisoner abuse (including sexual) in Iraq, sexual harassment and assault in Korea, etc.
 
Going back to the main news, the Philippine authority wants the US to hand over the suspects. Unfortunately, the US' law says that those marines are assumed innocent, until proven guilty. They haven't been declared guilty yet, so the United States has no reason to hand over innocent men, until they are no longer innocent--which I, personally, agree--although I really hate the practise ,or what those marines did.  
 
I even heard a comment about this horrible incident done by these marines, which made me so much negatively affected. This person assumed this Filipino woman must be a sleeper. Well, this I could say; The only thing he knows about this woman is that she’s Filipina, but then he could right away assume that she’s a sleeper. It's as ignorant as claiming all black people to be criminals because of high crime rates amongst blacks. These issues have to do with poverty, not race or culture.
 
What happened was heinous, but what can you say about the right of the US for not turning over the suspects? What can you also say about the Filipino driver who was later included as one of the suspects? Or, as the protesters want to happen, do this kind of crimes comitted by these US militaries being stationed in the Philippines, enough reason to cause the estrangement between the Philippines and the US?  
 
Let us hear your views and sentiments!  Grin
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Gracia
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Re: Four US Marines Charged for Raping A Filipino
« Reply #2 on: Jan 19th, 2006, 10:25am »
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what can you say about the right of the US for not turning over the suspects?

 
I am more concern about what our plaintiff's rights behind this case and how our government will going to help her.  US rights won't matter that much if our government will do and seek justice for the raped victim.  It seems to me, they're doing nothing or else they will never let those suspects leave our country.
 
Quote:
What can you also say about the Filipino driver who was later included as one of the suspects?

 
That's good for him!  He testified and then backed out! That's fishy.  He's dumb if he can't identify a woman being raped or being paid.  He wasn't hurt either, so that means it's either it was kind of a good fight to watch  or the payment at stake was very appealing.
 
Quote:
Or, as the protesters want to happen, do this kind of crimes comitted by these US militaries being stationed in the Philippines, enough reason to cause the estrangement between the Philippines and the US?  

 
Protesters never like US troops barging in our country ever since I can remember.  So, it won't surprise me at all, if they'll use this case to strengthen their campaigns.   Though on my personal point of view, I don't think this will be enough reason to cause hostility between US and Philippines.  We have to be reminded also, that we have few fellowmen who were not behaving in other countries as well.  All I'm hoping is justice for everyone concern and hoping this will serve as a lesson to some of our ladies to be more cautious and vigilant to whoever they want to go out with.

« Last Edit: Jan 19th, 2006, 10:26am by Gracia » IP Logged

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Wicked_Witch
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Re: Four US Marines Charged for Raping A Filipino
« Reply #3 on: Jan 20th, 2006, 3:25am »
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Ok, this is just my personal opinion. I'm sure she was "sexually abused". But then again, the girl if not willingly is a big part of the crime committed. If she was abducted from her house, or even abducted from inside the bar or whatever it is, then I will cry foul. But she was inside the bar drinking with this soldier, got herself intoxicated, she even had company (family, right?), where were they when she was being "raped"? Did they never wonder that she's missing? It could not have been just a few minutes? Unless they are used to her taking off all by herself all the time? And I am sure she flirted a lot with this soldier, too. So whatever it is that happened to her, it's the consequences of her actions. I think what really happened is that she went out with him willingly. Got into the van but changed her mind when she saw there are more than one men inside. But sheez...all of them are drunk and probably hornier than ever so it's too late to let her go? She should not be there in the first place. Morally, she should be the one convicted, legally? Now that is for the laywers to prove.
 
Quote:
The Filipino driver of the van in which the crime allegedly took place was also named as a primary suspect after he recanted his earlier statement supporting the victim's allegations that she was raped

 
Now there's a man to hang. He probably got scared of losing his job.
 
Quote:
what can you say about the right of the US for not turning over the suspects?

 
Doesn't the military supposed to have their own court? Unless the Philippine Government is afraid the case will be "whitewashed"?
« Last Edit: Jan 20th, 2006, 3:39am by Wicked_Witch » IP Logged

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nOrKAy
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Re: Four US Marines Charged for Raping A Filipino
« Reply #4 on: Jan 20th, 2006, 6:18am »
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Ahh, Witchy. That's so frustrating to hear and so shameful if it's proven that that's how it happened.  
 
It sounds convincing too, that the woman willingly went with those Marines in the van after drinking at a bar. This is one of the reasons why the Americans have denied participating in or witnessing the incident, as some witnesses said in written statements that they saw Smith and the woman kissing and petting in the van's back seat but indicated there was no sign of struggle by the woman. The Filipino woman claimed that she was forced, although the answering respondents claimed that the sexual congress was consensual.  
 
Well, it is understood then that all the involved in the incident were drunk. And that's a big thing that makes the rape accusation possibly fails.
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Re: Four US Marines Charged for Raping A Filipino
« Reply #5 on: Jan 20th, 2006, 10:11am »
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[color=burgundy] Oh Good God! I'm saddened by what I read...especially coming from women... but then again I respect your opinions Cry we are all entitled to our personal perceptions.
 
However, I an strongly a feminist when it comes to this issue as I am rancorous about rapist and/or men violating womens rights and rape is the ultimate violation that deserves the ultimate punishment to the violator.
 
Rape is a total violation of a woman's right over her own body and her ability to make a sexual choice.
 
While one person may define rape as forced intercourse using fear as a method to carry out the act, another person may define rape as vaginal, anal, or oral intercourse accomplished by the use of fear and force. Regardless of which definition you use, rape is forcing someone against his or her will or without his or her consent to perform any sexual act. The fact is no still means no, and if you don’t get verbal consent this can still be construed as rape.
 
There is no real way to determine how far back rape actually goes, but we can only assume that it dates back to the dawn of man. There is no real way of determining when or where the first rape occurred, as far as we know it could date back to Adam and Eve.
 
A lot of progress has been made in the treatment of rape victims and their assaulters. We have gone from placing the blame on the victim and stereotyping them as “easy” or “deserving it” to fully sympathy and compassion. As far as the rapist himself we have gone from a mere slap on the wrist to punishment as harsh as that for murders.
 
It pains me to hear how the assaulters give excuses about why they did the rape and the unwitting audiences comments about the “real deal” about what transgressed.  But I believe when a woman (or any person no matter what the gender is) feels violated in any other way then he/she should fight for his/her rights no matter what.
 
To site some justification about a person being raped are:
 Their clothes were too provocative.
 They were asking for it.
 They were at the wrong place in town.
 Women really want to be raped.
 When a women say’s no she really means yes.
 Women like it rough.
 If she was drinking or taking drugs and didn’t say no she must have really wanted it.

 
Absolutely unacceptable!  
 
There are said to be three different types of rape. Anger, Power, and Sadistic and they are broken down like this:
 
Anger rapes- this type of rape expresses hatred towards the victim and rage. This type of rapist wants the person to feel and understand his anger towards them, even though they may have not been the one to provoke the rage they need to take it out on someone and make them suffer as he has for past wrongs and rejections.
 
Power rapes- this type of rape wants to express power and domination over the victim. These rapists have a common fantasy of women who want them and resist there come-ons and then consent to sex. So when the fantasy is acted out and the victim doesn’t cooperate the fantasy becomes more about the domination or taking control over that person. In this way he is showing how very powerful, masculine, and sexually adequate he really is.
 
Sadistic rape- this rapist is obsessed with the ritual that goes along with the sex. This could be making the victim act out a part in some sort of role-play, it could involve mutilation, or torture as a means of getting the rapist excited. These rapists are the ones that wake women out of a dead sleep, scared to death for their lives.  
 
Other types of rape include stranger rape, acquaintance rape, and marital rape.
 
Stranger rape- are rapes enacted by someone that is known to you.
 
Acquaintance rape- are rapes by someone that you know.  This is where date rape falls into play.
 
Marital rape- is the rape of your spouse.  It was once thought that once you consented to a marriage that you were obligated to serve your husband in any way he saw fit and this meant sexually.  But since the early eighties we have been passing laws state by state to try and change is control a man has over the sexually activity in the marriage.
 
It doesn't really matter what race,color,religion,gender the assailant is and the victim is.  I believe when someone feels violated, they should assert their right!
 
And Cameron Ketcher and Jessica Fleming of the Victimology and Women in Criminal Justice may have writen an article about rape and can be search in google... these definitions are all the same in law books Wink
« Last Edit: Jan 22nd, 2006, 8:59am by earthlingorgeous » IP Logged
nOrKAy
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Re: Four US Marines Charged for Raping A Filipino
« Reply #6 on: Jan 20th, 2006, 4:16pm »
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I don't see anything saddening from the previous comments. Take note that our topic here is the news/issue/incident of the rape happened in the Philippines. We are NOT talking ONLY about the word "rape" itself, or giving views about rapists. And we are giving our perceptions according to the news published about the incident.
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Re: Four US Marines Charged for Raping A Filipino
« Reply #7 on: Jan 21st, 2006, 3:02am »
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However, I an strongly a feminist when it comes to this issue as I am rancorous about rapist and/or men violating womens rights and rape is the ultimate violation that deserves the ultimate punishment to the violator.  
 
Rape is a total violation of a woman's right over her own body and her ability to make a sexual choice.

 
Yes, sometimes our views differs most of the times and that makes us unique individual.  It might be too boring if we're in tune all the time. Wink
 
Quote:
Their clothes were too provocative.  
 They were asking for it.  
 They were at the wrong place in town.  
 Women really want to be raped.  
 When a women say’s no she really means yes.  
 Women like it rough.  
 If she was drinking or taking drugs and didn’t say no she must have really wanted it.  
 
Totally unacceptable!

 
Yes, i believe that.  But i'm most hoping that women will be aware of these things too, considering that there are so many bad elements circulationg in our society.  However, if a man is on drugs, even the beggar looks yummy to them.   Sad  Again, women have to be cautious and careful all the time.  Nobody knows what will happen next.
 
« Last Edit: Jan 21st, 2006, 3:03am by Gracia » IP Logged

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Wicked_Witch
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Re: Four US Marines Charged for Raping A Filipino
« Reply #8 on: Jan 21st, 2006, 6:18am »
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I am not denying that there has been a "rape" act. I was merely stating that the said "crime" would have not been committed without an invitation from the girl. Each of us should be responsible for our own actions and it's consequences. So morally, she is also at fault here. If it's in MY jurisdiction, I will accuse her of being an "accessory" to the crime, Because if it's not for her stupid actions, nothing of this will have happened. (No violent reactions to my being a "Judge" pls. Hehehehe!)
 
Like I said, I will fully sympathize if the victim has been abducted for the sole purpose of committing the crime.
« Last Edit: Jan 21st, 2006, 6:32am by Wicked_Witch » IP Logged

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nOrKAy
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Re: Four US Marines Charged for Raping A Filipino
« Reply #9 on: Jan 21st, 2006, 12:35pm »
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on Jan 20th, 2006, 10:11am, earthlingorgeous wrote:

 
To site some justification about a person being raped are:
Their clothes were too provocative.
 They were asking for it.
 They were at the wrong place in town.
 Women really want to be raped.
 When a women say’s no she really means yes.
 Women like it rough.
 If she was drinking or taking drugs and didn’t say no she must have really wanted it.

 
I'm sorry, but I have to correct the term used there. NO, these are not justifications. It is more accurate the term used in the original article where this post was derived. These are myths of rape. While "justification" means evidence, "myths" means either a fiction or half-truth, which can possibly cause a rape. Or, things that seduce rape activity.  
 
Therefore, I don't see any reason to say these are unacceptable, because these were just cited as myths, meaning, inappropriate actions as they invite rape incidents.
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