"Naked, Chilling Sadism"

The verdict was finally out. US marine Lance Corporal Daniel Smith would get 40 years in jail for the rape of a young Filipina, an act which the court described as “bestial” and “chilling, naked sadism.”

At 21, Smith is so young, and he has a lot to do ahead of him. This includes careers in the US Marine corps and probably raising a family. But alas, he committed something, which, to his innermost conscience, he must have regretted doing in the first place.

Unfortunately, Smith, in trying to defend himself, denied he committed rape. He insisted it was “consensual” sex. But granting this was so, following his own argument, why did Smith and his three other colleagues literally dumped Nicole at a street in the dead of night? Granting it was consensual and he acted as a gentleman, why did he and his colleagues just dump Nicole like garbage? Again, granting that it was consensual, the mere fact that he and his colleagues dumped Nicole out in the cold showed their utilitarian behavior, to say the least. Typical of the consumerist and throw-away mentality common in the West, Smith and colleagues practically threw away Nicole after “using” her.

Fortunately, the court ruled that what happened on that night on 1 November 2005 was not just a case of “using” someone. The Court said it was “morally convinced” that Smith committed the crime as charged or what it described as “bestial acts” and “chilling, naked sadism.” “Thus, a severe penalty is meted out by this state, as parens patriae (father of his country) on this advert crime, to protect the women against the bestiality of persons who cannot control their libidos,” the court said.

The crime of rape is not just about uncontrollable libidos. Rape, as one Manila newspaper editorial noted, is also about abuse of power. In the case of Nicole, she was not just overpowered. At that time, she was practically powerless as she was too intoxicated to defend herself. Smith took advantage of this powerlessness in unleashing his bestiality. And while at this at the back of a van, Smith must have thought that such bestial act would just be one of his one-night stand misadventures, which he could brag about among male colleagues. But it was not to be because Nicole gathered all the strength and courage to complain and cry rape.

Many were happy about the verdict. But some insisted the three other US Marines should have also been punished. Although the three were freed, this did not mean they were innocent. It just so happened that there was not enough evidence presented to pin them down, too.

But anything can happen to Smith. With all its power, the US can move heaven and earth to appeal Smith’s case. For now, legal luminaries are debating on who gets custody of Smith. Still, the bigger issue is when Smith, with the help of Uncle Sam’s might, will be freed after an appeal.

If he remains in jail as sentenced, Smith certainly will lose his future. Now alone in his cell at the Makati jail, he can have all the time in the world to reflect on things that matter and to reexamine his unexamined self. Perhaps, he can reflect on what real happiness means and may yet come to realize that real happiness transcends one-night stand misadventures. Or he can also reflect on karma, the law of action and reaction, the principle that you reap what you sow.

Or better yet, he can have all the time in the world to write a best-seller, which focuses on his confessions and transformation while in jail. There just are a lot of positive possibilities Smith can do while he remains sleepless at the Makati jail.

Nicole, the 23-year old survivor of that bestiality, also has many years ahead of her. After more than a yearlong painful wait for that 4 December verdict, she can now plan her future and move on. Despite what happened to her, Nicole has apparently transcended her pains. And for this, she is grateful to the heavens. She, as the reports said, has acknowledged that “God is good.” With God’s goodness on her side, Nicole can now face the world and may yet advocate for other silent survivors of bestiality to also seek redress and justice.