March 17, 2009

'Nicole' recants rape charge

“My conscience continues to bother me realizing that I may have in fact been so friendly and intimate with Daniel Smith at the Neptune Club that he was led to believe that I was amenable to having sex or that we simply just got carried away,” she said. (Read the rest at here.)

I'M sorry. I'm still letting all this sink in. I think 'Nicole' has been under severe pressure to do this in exchange for a better future. I hope that's not the case, but if it is, it's a shame.

I'm trying very hard not to condemn her action for she has been judged enough. I just hope she finds peace in what she has done.

(UPDATE: 9:27 a.m. 03/18/09) The rumor mill is grinding away. 'Nicole's' sworn statement was supposedly written by Smith's lawyer. No doubt about it. It reflects much of his lawyers' contentions all along as well as the testimonies of Smith's friends, who had all tried to cast doubt on her allegations.

That she accepted P100,000 as settlement which is only equivalent to $2,009 at the present exchange rate shows how desperate 'Nicole' was to get away. Were there powerful people behind the scenes who tried to exploit her weakness? That's a certainty. In fact the revelation of Nicole's sworn statement so soon after a phone call from U.S. President Barack Obama to the presidentita was made public now sounds even more suspicious. VFA or not, there was just no way in hell that the presidentita would let this rape case get in the way of her newfound 'friendship' w/ Obama.

As for Smith, even if the decision on his case is overturned by the higher court, and he is allowed to return to the U.S., he like Nicole, will not be able to bury the past completely. He too has been changed forever by this case. And it will never really give him rest.


ladeda said...

there are so many questions i wanna ask.. what was she doing in that bar where she knew was full of hot hungry wild US servicemen in the first place? was she flirting with them? why did she go with those americanos in the van, di naman sya pinwersa. she went with those guys of her own volition. and gads, what did she expect she was in the company of - eunuchs? i really don't wanna say this but i'll say this anyway - merese. and the guy? well, i really hope he moves on and just puts this behind him.. well, the girl's with her american bf, right? and she's supposed to be in the US for good, or that's what the papers are saying, right? so, good luck to you, girl. from now on, i just hope you flirt with your bf nalang. in the privacy of your own private quarters, oks?

Stella Arnaldo said...

1. She was in Subic on a holiday w/ her sister, who has an American bf. That's also why she was in that bar. The three were having a night out.

2. Sure she and Daniel Smith were probably flirting w/ each other. It still didn't make it right for him, to force himself on her esp. if she wasn't aware of what's going on (i.e. she was drunk), or if she said NO!

3. Pls. read the news stories about Fritz the Austrian father who had been raping his daughter for years. If we follow your thinking, do you believe that the daughter behaved in a way to arouse her father? Did she probably flirt w/ him?

Rape is not about sex, it is about exerting power and control over another human being.

Archivist said...

Respectfully, you are wrong. Objectively verifiable data indicates that likely close to half, and possibly more, of all rape claims are false. (See S. Taylor, KC Johnson, Until Proven Innocent.)And see my article here: Victims of false rape claims cut across every socio-economic class but are almost exclusively male. Yet sexual assault counselors often disingenuously refer to false rape accusations as a "myth," and the crime of making a false rape report has become so embroiled in the radical feminist sexual assault milieu that it has been improperly removed from the public discourse about rape.

Denigrating the experience of the wrongly accused by dismissing their victimization as unworthy of our discussion and our protection is not merely dishonest but morally grotesque.

Your out-of-hand dismissal of Nicole's recantation is inconsistent with every serious study ever conducted on false rape claims. Every such study -- every one -- tells us false rape claims are a very serious problem. You do a tremendous disservice to the countless men and boys falsely accused -- people like your father, husband, brother, boyfriend -- any male, especially any young male, is at risk of having his life destroyed by a lie. It is astounding that you have no concerns about that in light of all the studies. My website is dedicated to giving voice these victims. You would do well to spend several hours reading the objectively verifiable information and true news accounts of the countless instances of false accusations of rape before assuming that only women can be victims.

In Nicole's case, it is more likely that Cpl. Smith was the victim, as contrary to your worldview as that might seem.

Stella Arnaldo said...

With due respect, if Smith is indeed innocent, why did he have to pay $2000 to Nicole? If he is really innocent, why did the US Embassy give her a visa? After all, she supposedly made a false accusation vs an American citizen, which is, if I'm not mistaken, considered a crime in the U.S.

Of course, this case is not as cut and dried perhaps as other rape cases bec. it also has a political dimension to it, involving U.S. and Philippine security interests. It's not as if Nicole just woke up one morning and realized she wasn't raped after all.

By the mere fact that her statement was written by Smith's lawyers, w/o the benefit of her lawyer signing off to it and being a party to the settlement negotiations, already indicates the magnitude of string pulling behind the scenes in this case.

In the U.S., when there is a settlement negotiation, lawyers for both the plaintiff and defendant are the ones who sit down and talk about it. There is no direct contact allowed between the lawyer of the opposing party and the plaintiff, for example (in this case, Nicole.)

So this was not a simple recantation that people should take at face value. There is a bigger story behind it.

Thank you for your insightful comments and I look forward to reading more of your blog.

limahong said...

she is just another sicko whore

Stella Arnaldo said...

Tsk, tsk, Mon Tulfo isdatchu?

alexandria said...

what if smith was really innocent, which i think he is. there is THAT possibility, isn't there? in the realm of possibilities.. that is a REAL possibility