Initially, the accuser, Suzette Nicolas, alleged that she was gang-raped but after a few days, she then said that only Lance Corporal Daniel Smith raped her. She said that just before midnight of November 1, 2005, Smith raped her inside a moving Hyundai Starex van at Alava Pier in the Subic Bay Freeport where the Marines' ship was docked. Nicolas also alleged that Smith's other companions, Lance Corporals Keith Silkwood were inside the van cheering Smith on as it happened. Smith countered the charges saying that what occurred between him and Nicolas was consensual sex.