Ordeal far from over for mother of alleged rape victim in Subic

For the mother of the victim in the Subic Bay rape case, her daughter’s ordeal — which started last Nov. 1 — is far from over.

She said her daughter and their family are not asking the public for financial support but do ask for prayers to help her daughter get through the trial and so that justice will be served.

"We’re helping her to recover and cope with the problem. Our family is asking for justice and the support and prayers of the Filipino people," the victim’s mother said during an interview with Vice President Noli De Castro on his weekly radio program.

She said they will be forever thankful to lawyer Katrina Legarda who gave her daughter legal support until the US Marines who allegedly raped her last Nov. 1 were formally charged before the Olongapo City Regional Trial Court.

Legarda’s legal service was provided through the Department of Social Welfare and Development (DSWD), but her assistance does not cover the trial of the case.

The victim’s mother said her brother, who is a priest, is helping them get a lawyer for her daughter for the trial.

She said many groups and individuals have talked to them and volunteered to stand as her daughter’s counsel but they must be very careful in choosing a lawyer.

"Most of those who approach us have a personal interest" or agenda, she said.

The victim’s mother said they will pursue the case and will not be convinced even by influential people to drop the charges against the American servicemen.

Prosecutors allege that Lance Corporal Daniel Smith raped a 22-year-old Filipino woman on Nov. 1 inside a van that was being driven by Timoteo Soriano Jr. at Subic Freeport while fellow Marines cheered Smith on. Smith claims he only had consensual sex with the woman.

Also charged were Lance Corporals Keith Silkwood and Dominic Duplantis and Staff Sergeant Chad Carpentier. Soriano was cleared of the charge.

The US embassy has refused to hand over custody of the servicemen, citing provisions in the Visiting Forces Agreement (VFA) that allow American troops charged with crimes while taking part in the exercises to remain in US custody until legal proceedings are completed.

US embassy officials have furnished Olongapo City Prosecutor Prudencio Jalandoni with evidence from the parallel investigation conducted by the US military in connection with the Subic rape case.

Jalandoni told De Castro that the American officials are very "cooperative" with the prosecution, contrary to perceptions that the US was coddling its military personnel.

Except for the government’s request for custody that was turned down by Washington, he said the prosecution’s request for access to the parallel investigation material was granted by the US government and any information the prosecution obtained from this can be used during the trial.

Evidence obtained in the parallel investigation was given to Jalandoni last week.

Jalandoni said the US investigators were impartial in the case, even though the accused belong to the US military.

"They told me, if they are guilty, then they should be jailed," he said. "What they need is to talk to the victim because they themselves believe the rape happened, based on the evidence they gave me."

The US government, he said, had emphasized the presumption of innocence but they have also been following the rules and the laws of the country.

He denied reports that Washington had attempted to influence the trial and was moving to ensure the acquittal of the American sailors.