Nicole Recants and Goes to the US

a hibiscus flower covers a naked statue in a Zamboanga hotel

i was among those who were doubtful about this woman called " Nicole" on her claim of rape against that not bad looking Smith. when discussions arose, i would be the 1 out of 5 or a couple of us out of 7 casting doubts about Nicole's story. well of course i got sneers specially from those who were feminists or women activists when i raise my questions like 1) why would she be extra friendly with Smith and his friends when she went to the club through an invitation of a certain guy, her friend named Chris? 2) if she did not like nor quite attracted to Daniel Smith, why should she drink with him and his friends, dance with him and did not mind being left behind unaccompanied at all when her companion friend went ahead of her? 3) can rape occur in the company of Smith's friends at the back of the van while being driven? and 4) can a supposedly rapist who was supposed to be randy at the time, be careful enough about his protection and somehow still conscious of the repercussions of such acts by taking time to use a condom?

i was fortunate enough to have some lawyer friends( the most influential was my former boss, a VP in the top corporation in the country who turned lawyer given his advanced age, taking the bar exams once) kind enough to explain to me that Smith was convicted, due to circumstancial evidences. i stopped asking questions for some time and kept quiet when discussions about this supposedly rape case topic arose. at one point i was convinced that probably, Smith was guilty beyond reasonable doubt.

"it was consensual sex" - that was according to Smith and his friends and that was what they insisted during the much hyped and melodramatic litigation which took a year or so, an exceptional feat considering the country's justice system. of course this case is highly exceptional- that is, it has involved an American serviceman (who was in the Philippines as a for the Visiting Forces Agreement, VFA) and a probably pretty yet ordinary Filipina who at the time of the so called "rape" had an American boyfriend and as stated in the 11th statement of her affidavit had an "American dream"(part of her statement said " I was scared of losing not only my American boyfriend but the chance of living in the United States).

but the activists, particularly the feminists, the politicians who had something to say "every step of the way" and media hype have helped a lot until the so called justice was served. Judge Pozon issued the guilty verdict to the delight of the majority who cared and perhaps sympathised with " Nicole" for the triumph of justice at that time. Smith was subsequently incarcerated in the Makati City jail but was taken shortly at midnight to dawn to the US embassy- clearly a US territory even if geographically it is within the Philippine soils. this has raised a lot of concern from all sectors but nevertheless, Smith, although supposedly did a crime against the Filipino people, to a Filipina named " Nicole" is " serving his prison terms" in the US embassy. at the back of my mind i was wondering, if the three companions of Smith were acquitted, how come that Smith was given the verdict " guilty without reasonable doubt?" of course answers would point out to a lot of what the lawyers called " circumstancial evidence" and being a non-lawyer, i stopped wondering and made myself busy with other concerns and became aware of other issues.

few weeks back, the Supreme Court has ordered that Smith should be taken by the Philippine government and few days after such headline came the report that the Philippines was not in a hurry to take Smith to their custody. surprisingly, it was the lawyer of " Nicole" who has given her reactions to this and the so called "victim" of Smith's crime of rape and her family were unusually quiet.

today's headline had seemingly answered it all. Nicole recanting her testimony, casting doubts about her own person, mentioning how she has treated the US army servicemen in general like " her family" while growing up in Zamboanga City and her mother doing the catering in the military base canteen. i do not intend to demean "Nicole" about her personal decision, "to bury the hatchet" and leave her country and go- to all places " United States", because probably she had nothing left to start all over again. there was no report how she has been, or if she at all was given assistance, a job maybe( she's reportedly a graduate from Ateneo de Davao) to go on living a "normal life" for supposedly rape victims like her. or probably it was her choice to live a life as quietly as it can be. perhaps she succeeded in doing so and then the sudden boomerang- she recants and flies to US- for good.

" she has nothing to lose and everything to gain" says Remonde of the Malacanang palace, as reported both in the Philippine Daily Inquirer and Philippine Star, my favourite broadsheets in the country but somehow, depending on how someone looks at it either as a win or loss, and considering its moral, judicial, legal and probably its effects to the Philippines' foreign policy specifically on the very touch issue of the VFA, i reckon- her actions has brought some implications to Filipinas and probably the entire nation:

first, money the meager 100,000 pesos, around $2,000(at least that's what is reported) has probably made her change her mind because she does not have any chance at all in the Philippines. she comes from an ordinary family who probably sees that going to the US as she had wished expressed in her affidavit of recantation, is probably a solution to one's confusion or hardship in the Philippines.

second, the efforts of her lawyers, most of all Atty. Ursua were disregarded when she made her personal decision to quit her "fight". before her recantation, she served or at least that's what the media tried to portray, as the "epitome of a brave Filipina." lawyers would insist that the crime was against the Filipino people and not only to Nicole as a person( Atty. Ursua, her lawyer said that rape is a public crime and the family's personal decision regarding the case should be immaterial) but arguably, her recantation has given a major setback on the case. it is interesting to note here that Judge Pozon, who issued the guilty verdict argued that the recantation of Nicole will not necessarily lead to the acquittal of her convicted rapist.

third, it has tremendously affected how "others" look at the " Filipina". and when i say others its not only by citizens of the countries outside the Philippines, but by the Filipinos themselves.arguably, some Filipinas had probably seen marrying foreigners as the escape to poverty or the ticket to a better life. and in this country where possibilities and chances for a better life at your own efforts to succeed socioeconomically, even armed with a good education are small, they are always thrilled at the thought of having foreigners as a " knight in shining armour" or a "prince" saving them from their current situation to the possibility of having a " better life" even only in terms of financial aspects. almost three years ago, immediately after my overseas studies, i took a cab from a hotel to a mall in cebu city. since the weather in the Philippines is usually warm, in my usual mini skirt, tops and thongs(that's how we call the flip flops where i just came from), to meet a friend based in cebu. the cab driver told me " oh that's where lots of beautiful ladies go with the hope of getting noticed by foreigners looking for future " partners"- i am sure you'll get noticed". i did not ask him to qualify or define what sort of "partner" he was trying to refer and i simply retorted - "oh, i am just meeting a long time friend who opted to relocate in this city". i am not sure and i did not care if i convinced him with my answer but his remarks stayed in my thoughts in the next few days.i found it funny and serious altogether. another cab incident was when i was requested by a handicapped friend to bring an invitation for an an art exhibit opening a couple of years ago to the hotel where lots of foreigners stay, in roxas boulevard in manila. it was a warm summer day and i was in a spaghetti strap tops and flip flops. the cab driver, whom i hailed from the makati business district- on our way to the hotel brazenly asked me, " is it good there?" and i retorted "what do you mean? " you know, the pay of the residents for a night stay?". i told him that i am just dropping by to hand an invitation to an art exhibit personally- with all the composure remaining to me but i am quite unsure he believed me. true enough, i got the disturbing and naughty glances from the men assigned in the reception area when i asked for assistance to go to a room of their resident/guest. i almost snapped due to my experience with the cab driver but when i used a different twang speaking a foreign language all throughout, i was given the respect that i deserved. but the most unforgetable of all was the account of a beautiful Filipina sent by her parents to study overseas to learn a lot about living independently. she was taking a ride from work(she worked part- time while studying, which is usual to overseas students) in a tram(the mode of public transport in addition to the bus and train) when suddenly, the guy asked her if she is a Filipina and when she said "yes", she was asked if she wants to marry him(a total stranger!) we discovered, although we are quite unsure( we were busy attending to our studies and not to these gossips- alright) it turned out that in that city, there were talks spreading that many Filipinas, sad to note, seek a tourist visa, stay there as " tourists" while trying to find a "husband". of course this beautiful friend declined the what i call "indecent proposal" and informed the guy that she was there on a student visa but the horror of being treated that way, simply because of her nationality stayed for some time. we have laughed at it several times while i relate my own stories but then again- beyond the funny aspect of it all, it is a serious matter.

it is really saddening, but it would be unfair to judge Filipinas like Nicole who, in the hopes of better life ahead, arguably do not put much value on their dignity as a person or as Filipina(Inquirer Research quoted her as saying "they(rapists) destroyed my dignity and violated me as a person. now i am again wondering if this melodramatic yet sounding very broken dialogue was due to a very smart coaching. and i am thinking- does it all boil down to money and " better opportunities" or " better future?" i have no objection whatsoever to Filipinas, or Asians for that matter marrying foreigners(as how Filipinas view Caucasians, Europeans and even fellow Asians, even the coloured people) as they are quite a feast on the eyes( not necessarily because they are all good looking but mostly because they look different) , and could probably be great lovers, but i wish that they undergo the normal circumstances of getting to know each other, probably falling in love, and agreeing to build a future together. after all, regardless of who the person or where he or she came from, red, yellow, olive, white or black skinned -everybody deserves to be happy.

blogger further sayeth naught.