(published in Bulatlat.com, reporter's copy)
Women undergoing the same ordeal as that of Nicole’s can learn a lot from the 22-year old Filipina’s trial by invoking the same confidence and courage that she had shown.
Nicole mustered enough courage to tell her story in a packed courtroom on Thursday during her first testimony on witness stand. Although emotional, even crying and faltering at times, months of counseling and de-briefing paid up during her testimony at the Makati regional trial court branch-139.
Dr. June Pagaduan-Lopez, Nicole’s therapist, stressed that the media are crucial in telling the victim’s side of the story, but more importantly, it can raise awareness of the public toward women’s rights, victim’s plight and even the political or economic accords binding the Philippines with imperial countries like the United States that had impacted Filipino women in years.
Tool for truth
A basic step in telling the truth about abuse is learning to tell it by details, said Lopez, who is undertaking counseling for five to six more victims of rape.
In unveiling their ordeal, victims tend to be illogical and selective in recalling memories. This is expected of them especially those who suffer trauma, said Lopez.
Details may be obscure at the beginning as a manifestation of a victim’s rigid “re -traumatization.” Such painstaking process would slowly match portions of the mistreatment to complete the whole picture of abuse, which requires weekly doze of administering as in the case of Nicole.
Lopez noted that for twice a week in months before Nicole’s testimony, she conducted counseling sessions for the victim. But now that it is Nicole’s time on the witness stand, their chance to talk has been reduced to only one.
To regain trust, Nicole also had to face anger at the violator who, Lopez noted, has removed from the victim her sense of self-control; and anger at herself for allowing the assault to happen.
A victim can feel so down for quite a time, which could be slowed down through drug such as anti-depressants, she said. Nicole had to take anti-depressant drug only in April.
Establishing safety, psychologically and emotionally would help the victims accept their ordeal and lead them to re-tell their stories but this time, with a different view instead of distrust and deceit.
Courage to fight
Lopez revealed what kept Nicole assured was the “unconditional support from her family” who backed her struggle for justice.
“It was easy for her to keep silent or just compromise, but she chose to fight. Her courage is her contribution to the Philippine society,” said the therapist, adding that Nicole’s testimony, opened publicly, was also aimed at generating sympathy for all the victims of sexual assault.
The prosecution panel is leading a six-month old court proceedings for Nicole after that faithful day on November 1 last year when a vacation spree in Subic Bay Freeport turned into nightmare.
Lopez warned Nicole’s recollection of the sexual assault may cause her chronic post traumatic stress disorder, one which is irreversible. This early, Nicole is experiencing severe traumatic stress after appearing before a public to testify and narrate in details what transpired on the night of November 1.
Nicole, who tags along her mother during court hearings, apparently still suffering from severe stress the day before, wasn’t able to show up on Friday to continue her trial. Private lawyer Evalyn Ursua of the Women’s Legal Bureau, relayed to the court that Nicole would like to take a rest.
Senior state prosecutor Emily Fe delos Santos said they hope Nicole will regain composure before Monday to continue her testimony and face for the second time around, the four U.S. service men that allegedly connived to undertake the sexual assault.
Cries
Nicole burst into tears five times during her nearly four-hour testimony on Thursday, where she positively identified Lance Cpl. Daniel Smith as the one who undertook the sexual assault.
Smith was said to have been cheered on by Lance Corporal Dominic Duplantis, Keith Silkwood and Staff Sergeant Chad Carpentier during the sexual assault inside a moving van.
Lopez said crying helped Nicole recover her composure while on stand. She or Nicole’s mother immediately ran to her side whenever she cried, giving her fighting words such as, “Huwag [kang] pa-baby-baby dahil pagkatao [mo] ang ipinaglalaban natin dito,” or “Kaya mo yan nandito lang kami.”
Lopez said on these occasions, Nicole felt betrayed as she was used to meeting and being nice to U.S. soldiers back in their hometown in Zamboanga, where she managed a family-owned canteen, only a stone’s throw away from a detachment that housed the soldiers participating in the joint military exercises last year.
The canteen would serve as hang-out for the soldiers, who during vacant hours would play cards with Nicole and her siblings, or just chat with them. The soldiers in exchange would entrust withdrawing their money to Nicole or her siblings from the ATM.
Two soldiers eventually won their trust, Carlos Ocasio and Chris Mills of the U.S. Navy, who were treated as members of the family. Another one, Brian Goodrich, a U.S. soldier with the 12th Marines Operations Platoon based in Okinawa, Japan became her boyfriend.
Nicole had said words like, “trusted”,“feeling safe”, “pinapahalagahan” and “sanay” to show how established was her relationships with the foreign soldiers. This bond would later make her decide together with two half-sisters, to accept Ocasio and Mill’s invitation to Subic in Zambales to visit popular attractions a week before October 30, their travel date.
When they arrived in Subic on Oct. 30 by plane, also a former base for U.S. army in the 80’s, they didn’t stay long at Legenda Hotel and immediately transferred to Grand Leisure Hotel, where they would be staying for three nights.
For the next two days and two nights, Nicole and stepsister Annaliza Franco, would spend their time in bars, casino and duty free shops. Until Nov. 1, a Tuesday and holiday, when at noon, they went to San Roque Chapel to pay tribute to her father, also a Philippine Navy officer at the time of his death in 1989.
Back at the hotel at about 6:30 p.m., she and Annaliza met Mills who introduced them with one “Garcia”, the latter’s liberty buddy. After eating pizza, they proceeded to the casino and played until 8:20 p.m.
Neptune
The first time Nicole saw Neptune bar on Oct. 30, she liked dancing.
The second time she went to Neptune with Chris, Annaliza and Garcia, she liked to drink thinking she was on vacation to enjoy. Here, she was familiarized to alcoholic drinks like vodka sprite, B52, B53, Singaporean sling, Long Island ice tea and Bullfrog.
She remembered drinking some “bottoms up or straight,” some, half a glass and some, half a pitcher.
Between 8:30 and 9 p.m., after four rounds of orders, Chris, Annaliza and Nicole danced. While dancing, she remembered being pulled off by the wrist by a foreigner, away from the two.
“Natakot ako…hindi ko siya kilala tapos bigla niya akong hinila,” she told the court.
She threw a dagger look at Mills, intending to ask whether it was alright to dance with a stranger. Mills responded saying, “It’s okay, go on…enjoy,” adding a reminder to Smith to take care of her.
Their first encounter lasted for about three to four songs, where Nicole asked the foreigner questions like, from what branch of service does he belong, how old he is and from state in U.S. he lives.
Nicole, feeling dizzy at this time, was only able to recall hearing his name, “Gerard” or “Genard,” and his age, at 20, his line of service, “Marines.”
The service man, she observed has a heart-shaped face, white-skinned and tall.
From there, now at their table, Nicole recalled seeing 2 to 3 U.S. service women whom she earlier met in Zamboanga. She said she felt “safe” upon seeing them.
After drinking Long Island ice tea, she and Annaliza again danced at the floor of the bar. Feeling even dizzier, she couldn’t recall why suddenly Smith had appeared and Annaliza, gone.
“Natatandaan ko na nakaharap ako sa kanya, pinapatalikod niya ako pero everytime [na gawin niya ito] humaharap ako.”
She likes facing her partner during dances, she said. For three of four times, Smith was doing this, she added.
After dancing she recalled being able to drink half a pitcher of Bullfrog, this time, he noticed three foreigners facing her at the table. The three were cheering her on, “Whoa!”
Losing track of time, she only remembered being asked to get out of the bar by Smith, saying it was hot inside. She refused, saying she was waiting for her sister.
Smith was insistent, grabbing her by the wrist, and by a hazy memory, she remembered seeing an identification card but failing to recall what was written on it.
Last time she knew, “May nakapatong na sa akin, nakahiga ako…nararamdaman ko [ang] weight niya…hinahalikan niya ako.”
Asked in what position she was in, she said, “Nakatihaya po,” and who was on top of her, “Si Smith po.”
The courtroom fell silent at 4:10 p.m. while the young Filipina cried and sobbed for the fifth time, prompting Judge Benjamin Pozon to adjourn the trial for continuation.
Political issue
Chants from militant groups can be heard from inside the courtroom, fighting for Nicole and against unfair policies that the Philippines had entered into with the U.S.
Dr. Lopez said somehow, Nicole has appreciated the attention her case has been getting from the media. In turn, she is being educated by the circumstances her ordeal had brought to the public.
Her family would rather prefer an “unpoliticized” treatment of the case, but this is inevitable since policies concerning two governments that wanted tighter accords on security were factor in the context of the controversial rape case.
The prosecution is contesting the provisions in the Visiting Forces Agreement that limit the period wherein U.S. servicemen could only be tried under a Philippine court to only one year.
Lopez said the provision would only benefit the accused, while forcing the complainant’s party to scrimp with the remaining six months of the year.
In June, Ursua had filed a petition for certiorari seeking full custody of the four U.S. servicemen involved in the rape case. If granted, this would prevent the soldiers from getting off the hook, as in the previous cases involving U.S. soldiers, she noted.
For her part, Nicole could seek refuge from support groups holding various forms of protest to back her case, which according to Lopez, is also “therapeutic.”
Apart from militant Gabriela, logistics for Nicole’s trial is being supported by another non-government organization, TOWNS (Ten Outstanding Women of the Nation in Service).
Looking ahead more constructively, Nicole should be able to learn to convert her ordeal into “advocacy” where she could become a counsel or organizer for those who have become prey to rape and sexual abuse.
This, she noted, if the Philippine justice system sides with Nicole, who has become an embodiment of a woman’s courage to face her trial, with fellow women behind her.#
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