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Philippine court overturns Marine’s rape conviction

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Associated Press

A Philippine court overturned the rape conviction of a U.S. Marine whose case became a rallying point for activists demanding that American forces leave the country.

Protesters said the decision underscored their government’s subservience to an old colonial master.

Three years ago, Lance Cpl. Daniel Smith was found guilty and sentenced to life in prison for raping a Philippine woman after a night of drinking.

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The emotional case soon turned into a political tug of war between the government, which is keen on maintaining smooth relations with its key ally, and nationalists, left-wing activists and women’s rights advocates.

Just hours after the Philippine Appeals Court overturned Smith’s 2006 conviction, more than two dozen activists marched to the U.S. Embassy in Manila but were stopped by riot police. They dispersed peacefully after an hourlong protest.

The woman accused Smith of raping her in a van in the presence of other Marines, after the two met in a bar at the former U.S. Subic Bay Naval Base in 2005. At the time, Smith was on leave after taking part in military exercises.

During a yearlong trial, the woman broke down and said she was too drunk to stop Smith. At one point, she attacked him with her fists while walking to the witness stand.

Smith, 23, of St. Louis, insisted that the sex was consensual, telling the court: “I think it’s horrible what I’ve been accused of. This place has taken a year off of my life that I can never get back.”

After Smith was convicted, he was initially taken to a Philippine jail, but the U.S. argued that an accord between the two countries, the Visiting Forces Agreement, meant he should be kept in American custody. Washington said the accord entitles any accused U.S. service member to remain in American hands until all judicial proceedings are exhausted.

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Another twist came in March when the woman suddenly reversed her testimony and emigrated to the United States, saying in a court affidavit that she was no longer certain a crime had taken place.

The woman’s turnabout shocked her supporters. Justice Secretary Raul Gonzalez said she could be charged with perjury.

The court said Thursday that its decision was not influenced by her reversal, and described the encounter between Smith and the woman as “the unfolding of a spontaneous, unplanned romantic episode with both parties carried away by their passions.”

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