Nicole's Injuries Consistent with Rape - Expert
BY JHONG DELA CRUZ
Posted 8:45 p.m. July 11, 2006
During
the hearing today, July 11, of the Subic rape trial, forensic expert Dr.
Raquel Fortun said that the injuries sustained by Nicole indicate that
rape and not consensual sex took place on the night of Nov. 1 last year.
This debunked earlier claims by the defense counsels that Nicole gave
her consent to have sex with Lance Corporal Daniel Smith, the main
suspect in the controversial rape case.
Reading from a medico-legal report earlier presented to the court by Dr.
Rolando Ortiz III, Fortun cited the contusions on both sides of the
labia minora, which were indicative of forcible entry by a blunt object.
Nicole
sustained five contusions, two of which were located on her left and
right arms, one near the right wrist, on the right leg and inside her
private part. Fortun said that the first two contusions are correlated
"in terms of how they were sustained."
The
contusions in her labia minora were due to blunt force. "This could be a
result of forcible penetration in the opening either by a blunt object
or by an erect penis," said the forensic pathologist.
Fortun
noted that the dark red color of the contusions and the presence of
unusual tenderness, as the report read, indicate that there is pain.
"In a
normal consensual sexual activity, injuries in the genitalia are
unusual, but if non-consensual, injuries in the genitalia would be
consistent to that of the extra-genitalia injuries," she said.
She
said that injuries could occur depending on the position or tilt of the
pelvis and if the female partner is not relaxed and resists. The
result, she said, would be that the sustaining injury would be "higher"
because the vagina is not receptive to the thrust of the penis.
She
noted that in a consensual sex, there would be lubrication by the vagina
to facilitate the entry of the penis, citing a 1997 book entitled
“Sexual Assault.”
Private prosecutor Evalyn Ursua said that Fortun's interpretation of the
medico-legal report has corroborated the claim by the complainant that
rape was committed.
The
prosecution also argued that the absence of seminal fluid in the condom
and underwear would not sufficiently support the defense panel's claim
that there was no intercourse. Fortun said that the method used by the
Philippine National Police (PNP) crime laboratory in examining the two
specimens, the condom and underwear, were "obsolete" and is no longer
used in modern-day testing.
The
PNP crime laboratory used the Florence test in concluding that there was
no seminal stain found in the two specimens. Fortun said the method is
never or hardly ever mentioned in modern-day medical literature because
of its "unreliability".
Citing
the book “Modern Day Investigation,” published in 1952, Fortun told the
court that Florence test, used since 1896, has limitations because it is
not specific.
Defense counsel Jose Justiniano reacted saying "It is unfair (to the
police) to be labelled as ignoramus."
Chief
Inspector Mamerto Bernabe Jr. conducted the testing on the condom. But
he is currently undergoing training in the U.S. and will return only
later this year.
"What
Dr. Fortun had said is that the results of the testing of the two
specimens are unreliable because of the method used. This should tell
our police to update their method…dapat magkaroon ng pagbabago sa
examination ng specimens," (There should be an improvement in the
method of examining specimens.) Ursua said.
The
prosecution also urged the court to accept literature citing the use of
condom by a few rapists to save themselves from acquiring diseases or to
evade leaving sperm from which their DNA can be taken.
When
asked by Bulatlat about the condition of Nicole, Dr. June
Pagaduan-Lopez, the therapist of the 22-year old victim, said,
"As you see, Nicole is managing…nakakaraos naman." (She is able
to get by.)
Nicole
was angered Monday when she was allegedly tripped by Smith while
entering the courtroom, prompting her to hit the U.S. Marine with her
bag.
Lopez
said that Nicole's outburst of anger was "healthy" because it is now
directed towards the right subject.
The
prosecution is leading a six-month old court battle for Nicole who filed
rape charges against Smith and three more U.S. Marines namely, Lance
Corporals Dominic Duplantis and Keith Silkwood and Staff Sergeant Chad
Carpentier, who allegedly cheered while Smith was allegedly raping
Nicole inside a cruising van at Subic Bay Freeport. Bulatlat
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