'Nicole' now doubts if Smith raped her

[Lil Miss Sunshine 14]

The woman at the center of a controversy between the US and the Philippines has effectively reversed her statements regarding her rape by a US serviceman in 2005, saying she is now unsure whether she was raped.

In a five-page affidavit submitted Tuesday to the Court of Appeals by the lawyer of convicted US Marines Lance Corporal Daniel Smith, Subic rape case victim "Nicole," said she is now conscience-stricken and now doubts if she was really raped on November 1, 2005.

In the affidavit, which Nicole signed on March 12, 2009, she recalled the events of November 1, 2005 when she claimed she was raped in Subic by Smith, who was convicted a year later.

In her new statement, Nicole admitted she had been drinking a lot of alcohol that night and may have lost her inhibitions.

"With the amount of alcoholic mixed drinks I took, my low tolerance level for alcohol and with only 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 than just dancing and talking with him like everyone else on the dance floor," Nicole said.

Nicole said she herself poses questions and doubts on the case they built against Smith.

She asked, why would have Smith taken her out of the Neptune Club via the main entrance where a lot of people saw them if he had intended to rape her? And that if she had lost consciousness, as she insisted, why would she recall being kissed and groped by Smith at the back of the van that the American soldiers were using then?

Nicole said her conscience has been nagging her since she was friendly and intimate with Smith that night and they could've have gotten carried away.

"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.

'Risk public outrage' for justice

Nicole said she realizes that she will come under criticism for these statements, but she said she can't help but entertain doubts on what really happened.

"I expect many sectors to question my motives in executing this statement more than three years after the incident... thinking over and over again how I may have conducted myself at the Neptune Club, 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," it read.

Nicole added she would rather face public outrage than do nothing to help the court ensure that justice has been served.

"I would rather risk public outrage than do nothing to help the court in ensuring that justice is served," she added.

The affidavit was submitted to the CA by Smith's lawyer Jose Justiniano, who also said, that they have settled their financial obligations to Nicole, worth P100,000.

All signs point to a deal

A veteran trial lawyer told ABS-CBN News this latest development in the rape case has all the indications that a deal has been reached between Smith and the victim.

The lawyer, who declined to be named, said that the recantation could eventually lead to the dismissal of the case and Smith's acquittal.

He said the ball is now in the hands of the prosecution on whether it will still insist that Nicole was indeed raped. It will then depend on the court to assess the value of Nicole's affidavit and decide whether to dismiss the case. -- report from Marieton Pacheco, ABS-CBN News

as of 03/17/2009 11:33 PM

Edited March 17, 2009 by - KiKaY -

[-B&T- 1]

The woman at the center of a controversy between the US and the Philippines has effectively reversed her statements regarding her rape by a US serviceman in 2005, saying she is now unsure whether she was raped.

In a five-page affidavit submitted Tuesday to the Court of Appeals by the lawyer of convicted US Marines Lance Corporal Daniel Smith, Subic rape case victim "Nicole," said she is now conscience-stricken and now doubts if she was really raped on November 1, 2005.

In the affidavit, which Nicole signed on March 12, 2009, she recalled the events of November 1, 2005 when she claimed she was raped in Subic by Smith, who was convicted a year later.

In her new statement, Nicole admitted she had been drinking a lot of alcohol that night and may have lost her inhibitions.

"With the amount of alcoholic mixed drinks I took, my low tolerance level for alcohol and with only 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 than just dancing and talking with him like everyone else on the dance floor," Nicole said.

Nicole said she herself poses questions and doubts on the case they built against Smith.

She asked, why would have Smith taken her out of the Neptune Club via the main entrance where a lot of people saw them if he had intended to rape her? And that if she had lost consciousness, as she insisted, why would she recall being kissed and groped by Smith at the back of the van that the American soldiers were using then?

Nicole said her conscience has been nagging her since she was friendly and intimate with Smith that night and they could've have gotten carried away.

"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.

'Risk public outrage' for justice

Nicole said she realizes that she will come under criticism for these statements, but she said she can't help but entertain doubts on what really happened.

"I expect many sectors to question my motives in executing this statement more than three years after the incident... thinking over and over again how I may have conducted myself at the Neptune Club, 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," it read.

Nicole added she would rather face public outrage than do nothing to help the court ensure that justice has been served.

"I would rather risk public outrage than do nothing to help the court in ensuring that justice is served," she added.

The affidavit was submitted to the CA by Smith's lawyer Jose Justiniano, who also said, that they have settled their financial obligations to Nicole, worth P100,000.

All signs point to a deal

A veteran trial lawyer told ABS-CBN News this latest development in the rape case has all the indications that a deal has been reached between Smith and the victim.

The lawyer, who declined to be named, said that the recantation could eventually lead to the dismissal of the case and Smith's acquittal.

He said the ball is now in the hands of the prosecution on whether it will still insist that Nicole was indeed raped. It will then depend on the court to assess the value of Nicole's affidavit and decide whether to dismiss the case. -- report from Marieton Pacheco, ABS-CBN News

as of 03/17/2009 11:33 PM

She recieved P100,000.00 from Daniel Smith (for damages kuno!) maybe that made her story and she is in US now.After all the trouble that she had brought up and now she's reversing her story?What a BS.I guess she has to do that to maintain a green card or her a$$ will be sent back to Philippines.

[Lil Miss Sunshine 14]

I just hope the phil govt brings her a$$ back in PI so she can face the consequences.. this is really an embarrassment to our country.

[HappyDancer 7]

Dumb b*tch!

[rheanick 42]

Just Php 100,000? (less than USD 2500). That's a small amount of money.

Just one business class round trip ticket. That's all she is worth???

[Allan_D 0]

I have avoided commenting on this case because only two people know the real facts.

Nevertheless, having been a young US serviceman in the Philippines, I think, like many others I'm sure, "There but for the grace of God, go I".

[walls1010 3]

Just Php 100,000? (less than USD 2500). That's a small amount of money.

Just one business class round trip ticket. That's all she is worth???

Even less than US$ 2500, don't deserve to pay a low life ####### like Nicole

[jhcruz18 3]

really? man, so embarrassing.

[Ana1988 0]

what? she's in US now?I didn't know that,,well, I wish Danielle Smith go back to US soon=)

[ruby_jade 0]

what? she's in US now?I didn't know that,,well, I wish Danielle Smith go back to US soon=)

yup shes with her bf now in the US.. maybe she was a k1 beneficiary too..

----> http://www.inquirer.net/specialfeatures/su...20090317-194579

[kaye 0]

From the start of that rape incident i never believed that she was raped

[Lil Miss Sunshine 14]

daniel smith's family can sue her for defamation, moral damages etc..

this is really infuriating.. i just wonder how Gabriela and other who supported her feel now.

[shang 0]

The woman at the center of a controversy between the US and the Philippines has effectively reversed her statements regarding her rape by a US serviceman in 2005, saying she is now unsure whether she was raped.

In a five-page affidavit submitted Tuesday to the Court of Appeals by the lawyer of convicted US Marines Lance Corporal Daniel Smith, Subic rape case victim "Nicole," said she is now conscience-stricken and now doubts if she was really raped on November 1, 2005.

In the affidavit, which Nicole signed on March 12, 2009, she recalled the events of November 1, 2005 when she claimed she was raped in Subic by Smith, who was convicted a year later.

In her new statement, Nicole admitted she had been drinking a lot of alcohol that night and may have lost her inhibitions.

"With the amount of alcoholic mixed drinks I took, my low tolerance level for alcohol and with only 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 than just dancing and talking with him like everyone else on the dance floor," Nicole said.

Nicole said she herself poses questions and doubts on the case they built against Smith.

She asked, why would have Smith taken her out of the Neptune Club via the main entrance where a lot of people saw them if he had intended to rape her? And that if she had lost consciousness, as she insisted, why would she recall being kissed and groped by Smith at the back of the van that the American soldiers were using then?

Nicole said her conscience has been nagging her since she was friendly and intimate with Smith that night and they could've have gotten carried away.

"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.

'Risk public outrage' for justice

Nicole said she realizes that she will come under criticism for these statements, but she said she can't help but entertain doubts on what really happened.

"I expect many sectors to question my motives in executing this statement more than three years after the incident... thinking over and over again how I may have conducted myself at the Neptune Club, 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," it read.

Nicole added she would rather face public outrage than do nothing to help the court ensure that justice has been served.

"I would rather risk public outrage than do nothing to help the court in ensuring that justice is served," she added.

The affidavit was submitted to the CA by Smith's lawyer Jose Justiniano, who also said, that they have settled their financial obligations to Nicole, worth P100,000.

All signs point to a deal

A veteran trial lawyer told ABS-CBN News this latest development in the rape case has all the indications that a deal has been reached between Smith and the victim.

The lawyer, who declined to be named, said that the recantation could eventually lead to the dismissal of the case and Smith's acquittal.

He said the ball is now in the hands of the prosecution on whether it will still insist that Nicole was indeed raped. It will then depend on the court to assess the value of Nicole's affidavit and decide whether to dismiss the case. -- report from Marieton Pacheco, ABS-CBN News

as of 03/17/2009 11:33 PM

Articles from Philippine Star http://www.philstar.com/Article.aspx?artic...ubCategoryId=63

"bothered by conscience" huh? the damage has been done kaya....

[SJ1819 2]

#######!?!? this is so infuriating! gives bad image to decent filipina like us.

I did not know that she's in the US.... Err...

She's one hell of a HUGE embarrassment to our country.

Oh so cheap she's just worth 100,000php? Effing Wh*re! Sl**! Sk***! UGH!

I so want her asian @$$ to get kicked back to the Philippines!

[-B&T- 1]

'Nicole' is probably already a member here in VJ.