DOJ hints at dropping rape charges vs some of the US Marines

Justice Secretary Raul Gonzalez hinted yesterday that charges may be dropped against some of the four United States Marines accused of raping a Filipina at the Subic freeport zone in Zambales last November.

"I think not all of them should be charged, but Smith should be charged," Gonzalez said, referring to the principal accused, Cpl. Daniel Smith.

He faces charges of raping a 22-year-old Filipina inside a moving van at the Subic freeport while his fellow Marines cheered him on. The rape allegedly happened following US-Philippine military exercises in October.

Accused of conspiring with Smith in the alleged crime are Marine Sgt. Chad Carpentier and Cpls. Keith Silkwood and Dominic Duplantis.

Gonzalez said the Department of Justice (DOJ) will issue a resolution early this week on Smith’s appeal to have the rape charge dropped.

The resolution is expected before Smith and his co-accused are arraigned on March 24 at the Olongapo City Regional Trial Court Branch 73, when they will be given a chance to face their accuser and enter a plea of guilty or not guilty.

Judge Renato Dilag, who presides over the trial of the case, does not have to heed the DOJ’s resolution but it will have strong influence in deciding who will be charged.

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

Lawyers for Smith and Carpentier have confirmed their appearance for the arraignment while a lawyer for Silkwood and Duplantis has said he is still studying whether to bring his clients to court.

The men are in the custody of the US embassy. It has refused to hand them over to local authorities, citing a provision in the Visiting Forces Agreement that allows them to keep soldiers in their custody during legal proceedings.

The alleged rape has triggered anti-American street protests in the Philippines. — AFP