This story
was taken from Bulatlat, the Philippines's alternative weekly
newsmagazine (www.bulatlat.com).
Vol. VI, No. 22, July 11, 2006
Nicole's Injuries Consistent
with Rape - Expert
BY JHONG DELA CRUZ 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 © 2006 Bulatlat
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Alipato Media Center Permission is granted to reprint or redistribute this article, provided its author/s and Bulatlat are properly credited and notified.
Posted 8:45 p.m. July 11, 2006