So the corruption-riddled Court of Appeals has acquitted L/Cpl. Daniel Smith of raping Nicole. The CA overturned the decision of the Makati RTC which tried the case. The CA not only redefined rape but also changed the elements of the crime of rape. It made a mockery of our laws and made Judge Pozon look incompetent.
With the CA's decision, it somehow legalizes the crime of rape. I do not know how two intoxicated persons can have a romantic episode when the male did the act alone while the female was bombed out of her senses. I also cannot understand how the CA totally disregarded the testimonies of the witnesses. Flirting is not a license for one to take advantage of another. If it was a romantic episode, Nicole and Smith could have left the club while still in the right frame of mind and did the act. Intoxication blurs the mind and this should have been considered. No wonder victims have lost faith in the justice system. We have judges that do not know the difference between what is right and what is wrong, what is logical and what is absurd.
Now every rapist, rapist-to-be and sexual predator will have a defense for their cases. The CA's decision becomes jurisprudence and rape victims will surely have a tough time proving their cases in court. The ramifications of the CA's decision will wreak havoc on the judicial system. Just think of how our future lawyers will turn out to be? Vicitms will now suffer in silence because our courts cannot be trusted. Drunks are no longer liable for any crime they commit while intoxicated. These incompetent judges of the CA should be disbarred. They clearly abused their discretion. The Supreme Court should have them investigated along with Atty. Justiano who I personally think has a mind of a criminal.
This should be a lesson for all of us, the weak shall always get the short end of the stick. If our own courts cannot protect us who else can? Certainly not the government as it is party to this injustce. Parents, don't let your kids out of your sights. And as for those who acquitted Smith, you will be judged by history. Pray that your loved ones do not get raped. Let's see if this fucked up decision of yours isn't thrown in your faces. How I wish it does!
With the CA's decision, it somehow legalizes the crime of rape. I do not know how two intoxicated persons can have a romantic episode when the male did the act alone while the female was bombed out of her senses. I also cannot understand how the CA totally disregarded the testimonies of the witnesses. Flirting is not a license for one to take advantage of another. If it was a romantic episode, Nicole and Smith could have left the club while still in the right frame of mind and did the act. Intoxication blurs the mind and this should have been considered. No wonder victims have lost faith in the justice system. We have judges that do not know the difference between what is right and what is wrong, what is logical and what is absurd.
Now every rapist, rapist-to-be and sexual predator will have a defense for their cases. The CA's decision becomes jurisprudence and rape victims will surely have a tough time proving their cases in court. The ramifications of the CA's decision will wreak havoc on the judicial system. Just think of how our future lawyers will turn out to be? Vicitms will now suffer in silence because our courts cannot be trusted. Drunks are no longer liable for any crime they commit while intoxicated. These incompetent judges of the CA should be disbarred. They clearly abused their discretion. The Supreme Court should have them investigated along with Atty. Justiano who I personally think has a mind of a criminal.
This should be a lesson for all of us, the weak shall always get the short end of the stick. If our own courts cannot protect us who else can? Certainly not the government as it is party to this injustce. Parents, don't let your kids out of your sights. And as for those who acquitted Smith, you will be judged by history. Pray that your loved ones do not get raped. Let's see if this fucked up decision of yours isn't thrown in your faces. How I wish it does!
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