WeDpro, Inc. A feminist collective working for women’s empowerment

AN OPEN LETTER TO

Associate Justices Remedios Fernando (chair), Myrna Dimaranan-Vidal and Monina
Arevalo-Zenarosa
Court of Appeals

Manila,
Philippines

Quoting from new reports, the decision penned by Justices Fernando, Dimaranan-Vidal and Arevalo-Zenarosa, the acquittal of Daniel Smith, rapist of “Nicole” stated:

“What we see was the unfolding of a spontaneous, unplanned romantic episode with both
parties carried away by their passions and stirred up by the urgency of the moment caused probably by alcoholic drinks they took, only to be rudely interrupted when the van suddenly stopped to pick up some passengers…. Suddenly the moment of parting came and the Marines had to rush to the ship. In that situation, reality dawned on Nicole—what her audacity and reckless abandon, flirting with Smith and leading him on, brought upon her.,,, That must have been shattering. But added to this was the mocking moment she heard from inside
the van: ‘Leave that bitch!’ or words to that effect, which really broke her as she shouted back her denial: ‘I am not a bitch!’”

From the court’s point of view, Nicole cried rape out of shame—“dumped in a curb literally with her pants down”—upon the thought of her mother and boyfriend Brian. “She had to hit back in the only way she could—to salvage at least a vestige of her self-esteem,” the court concluded.

Three female justices.
This cuts the most. Rumors, weeks before the actual release of the acquittal decision, had already circulated that the Court of Appeals would acquit Smith. But what I didn’t expect was that female judges would pen the decision.

I couldn’t believe that three female judges have no understanding of what rape is. And the
Courts have boasted of its own gender mainstreaming efforts!

How could you, Justices Fernando, Dimaranan-Vidal and Arevalo-Zenarosa believe the lies by the defense? Who swayed you? I do not believe that you truly believe what you wrote.
It does not make sense. Ask anyone in the streets, in school, in communities. Ask the women. The evidence was overwhelming, and if science would be the sole basis, Smith raped Nicole.

Your moral judgment is appalling! In this day and age when the Philippine Government is a signatory to many international human rights standards including the definition of
violence against women, you had the gall to ignore our own laws, our international commitments.

After what you’ve done, do you expect women to be brave enough to report cases of rape or any other forms of violence? Do you believe that your appalling moral judgment of the case strengthened the rule of law?

At the very least, Nicole had, to use your own words, the “audacity” to report the case, to file a complaint against the US marines of the most powerful nation on earth, to bear the stigma and the moral judgment of Philippine society. That is what Nicole did. And that was what you repudiated.

At the end of the day, the nation lost the case. The Philippine Government did. Nicole was a victim of your judgment. And the winner is the United States of America, the military establishment.

That is what you’ve done.

You have betrayed the moral fiber of our nation.
You have betrayed all Filipino women.
You have betrayed our sense of dignity.
You lost your credibility as guardians of justice. “Justices” without a sense of justice. I hope this kind of tragedy does not befall any of your loved ones – family and friends.
Maybe then you’d feel the pain that Nicole and millions of women like me feel.
I pity you.

Aida F. Santos
Task Force Subic Rape
Philippine Women’s Network for Peace & Security