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‘Nicole’ recants
MANILA, Philippines—The Filipino woman who accused an American Marine of raping her late in 2005 and testified about her ordeal in court has recanted.
The sworn statement issued by "Nicole" on March 12 comes more than two years after the Makati Regional Trial Court convicted Lance Corporal Daniel Smith of raping her.
Nicole said she expected her motives to be questioned but maintained she was bothered by her conscience
“I expect many sectors to question my motives in executing this statement more than three years after the incident. However…I can’t help but entertain doubts on whether the sequence of events in Subic last November of 2005 really occurred the way the court found them to have happened,” Nicole said in her affidavit.
“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.
“I would rather risk public outrage than do nothing to help the court in ensuring that justice is served,” she added.
Nicole said she practically grew up interacting with American servicemen in Zamboanga City “who treated me and my family very well.”
She also questioned her decorum when she met Smith at the Neptune Club at the Subic Freeport, saying she was so drunk she may have lost her inhibitions and did more than just dance with the Marine.
Nicole also raised doubts that Smith raped her inside a van at the Subic Bay Freeport Zone and suggested that she may have welcomed the Marine’s sexual advances.
“I told the court that Daniel Smith kissed my lips and neck and held my breast inside the van. Recalling my testimony, I ask myself how I could have remembered this if witnesses told the court that I passed out and looked unconscious,” Nicole said.
“How could I have resisted his advances given this condition? Daniel Smith and I were alone on the third row of the van which had limited space and I do not recall anyone inside the van who held my hand or any part of my body,” she added.
Nicole said all she could remember was the “very loud music and shouting inside the van.”
“With the events at the Neptune Club in mind, I keep on asking myself, if Daniel Smith wanted to rape me why would he carry me out of the Neptune Club using the main entrance in full view of the security guard and the other customers?”
“Why would Daniel Smith and his companions bring me to the seawall of Alaba pier and casually leave this area that was well-lighted and with many people roaming around? If they believed that I was raped, would they have not dumped me instead in a dimly lit area…to avoid detection?”
Nicole said with the amount of alcohol she had consumed that night and only a slice of pizza to eat, she may have lost her inhibitions and enjoyed Smith’s company.
“I had no opportunity to deny in court that I kissed Daniel Smith but, with the amount of alcoholic mixed drinks I took, my low tolerance level for alcohol and with a slice of pizza all night, it dawned upon me that I may have possibly lost my inhibitions, became so intimate with Daniel Smith and did more that just [dance and talk] with him like everyone else on the dance floor,” Nicole said.
“Looking back, I would not have agreed to talk with Daniel Smith and dance with him no less that three times if I did not enjoy his company or was at least attracted to him since I met him for the very first time on the dance floor of Neptune Club,” she added.
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