Asked why there was no spermatozoa found in the vagina by Judge Benjamin Pozon during the court’s clarificatory questions, Dr. Ortiz answered because there might have been no ejaculation at all, or that the accused had used condom during the alleged sexual assault.

Earlier, Ortiz had testified the reddish contusions on both sides of the labia minora were caused by “a blunt object applied with force.” He re-affirmed the findings when asked by Pozon whether it might have been caused by illness, and:

“Contusions may be caused when a woman’s private part is not lubricated, or [if her] thighs are closed injury could occur during the penetration,” he said.

Corroborated

After 23 witnesses, the prosecution concluded they were very satisfied with how the proceedings for their evidences and witness testimonies corroborated the claim of the complainant.

The victim had earlier testified she was too drunk to fight Smith during the sexual assault. She described him as heavy when she gained consciousness and found out he was on top of her.

She was having a vacation with her two sisters at the former U.S. naval base when, according to her, she was intoxicated by alcoholic drinks.

She only remembered refusing Smith’s insistence to get out of the Neptune Club, a popular nightspot at the Freeport. Later she knew she was taken inside the van where she claimed to have been raped at the backseat.

On July 11, leading forensic expert Dr. Raquel Fortun confirmed that the injuries sustained by Nicole indicate that rape and not consensual sex took place on the night of Nov. 1 last year. This is because in a normal consensual sexual activity, injuries in the genitalia are unusual, she said.

Less than 10

The court will resume hearing on Sept. 11 when the defense panel will present its side.

Last June, Ursua 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,” since the case would no longer follow the one year allowable case hearing for U.S. soldiers in the country. The prosecution is battling the December 29 deadline of the court proceedings.

If proven guilty, the accused would be meted out a 40-year imprisonment. Bulatlat

 Save as PDF