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'Nicole' statement to be used as VFA justification - solon


MANILA, Philippines - The statement of "Nicole" virtually clearing Lance Cpl. Daniel Smith of raping her would likely be used to justify the controversial RP-US Visiting Forces Agreement (VFA), a feminist lawmaker warned Wednesday. "Nicole's recantation is now a scapegoat to justify VFA amid mounting calls to terminate this unequal agreement," Gabriela party-list Rep. Liza Maza told GMANews.TV in a text message. As long as the VFA was in place, victims of crimes of US soldiers in our country would never get justice, Maza said. Fellow Gabriela party-list Rep. Luzviminda Ilagan said mounting calls for the VFA's abrogation might have pushed the US government to pressure Nicole to backtrack on her accusation that she was raped by Smith in Subic in November 2005. "Obviously that is a recantation borne out of extreme pressure," Ilagan said in a text message to GMANews.TV, adding that the supposed rape victim's frustration with the "snail-paced justice system" might have also contributed to her decision. For his part, Albay Rep. Edcel Lagman said the move of Nicole only left more questions than answers. Lagman questioned how Nicole arranged her travel documents and how she could afford to stay in the US for good if Smith only paid her P100,000 in damages. "Moreover, the payment of damages by Smith to Nicole is a badge of guilt. Why should an accused appealing his conviction pay damages if he is not liable for the crime he has been convicted for?" he added. In a five-page sworn statement signed last March 12, Nicole admitted that she "possibly lost (her) inhibitions" and became "intimate" with Smith, after drinking "alcoholic mixed drinks" with him when they met at a bar in Subic, Olongapo City on Nov. 1, 2005. Her recantation came more than two years after a Makati Regional Trial Court convicted Smith – who is detained at the US Embassy - of rape. Nicole said she made the affidavit because she was bothered by her conscience, adding that expected many sectors to question her motives. "I would rather risk public outrage than do nothing to help the court in ensuring that justice is served," she said. - Johanna Camille Sisante, GMANews.TV
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