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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