Doctor says Nicole's injuries consistent with rape
MANILA -- A doctor testifying at a rape trial involving four US Marines said Thursday the complainant suffered injuries consistent with a sexual assault.
Dr. Rolando Ortiz II, of the James Gordon Memorial Hospital in Olongapo City, west of Manila, told the court he examined the 22-year-old woman -- identified by the court only as "Nicole" -- two days after she was allegedly raped by a Marine while the three others cheered him on.
Asked if her injuries were consistent with rape, he replied, "It is consistent."
He said the woman suffered bruises on her arms, legs and genital area.
The rape charge is punishable by up to 40 years in prison. The Marines have refused to answer the charge, and the judge entered a plea of not guilty for them.
Prosecutors contend the woman was attacked November 1 in a van at Subic Bay, near Olongapo, by Lance Corporal Daniel Smith as Lance Corporal Keith Silkwood, Lance Corporal Dominic Duplantis and Staff Sergeant Chad Carpentier cheered on the assault.
The Marines had just finished counter-terrorism maneuvers with Philippine troops.
Smith had earlier admitted having sex with complainant but said it was consensual.
During questioning by the complainant's lawyer Evalyn Ursua, Ortiz said there were contusions on Nicole's genital area and these were consistent with "blunt injury caused by forcible entry of a cylindrical object."
Among the significant findings of Ortiz was that Nicole's genital had "deep healed lacerations" and the complainant felt pain in her private parts when he examined her two days after the alleged rape.
During cross-examination, Carpentier's lawyer asked the medico legal officer if the contusions could happen even in consensual intercourse, especially if the partners engaged in violent or vigorous sex.
"If you want me to choose between the use of force or consensual sex, I would say it is the use of force," the witness replied.
Ortiz admitted though that the bruises could have been 12 hours to four days old, so they could have been sustained before the alleged rape. They also could have been caused by activities other than rape, Ortiz said.
On the contusions in the complainant's arm and leg, which according to Ortiz appeared from 12 hours to two days before the examination, these were caused by pressure or force using the fingers or a blunt instrument.
When Jose Justiniano, a lawyer for Silkwood, asked if this could have happened when Nicole struggled with law enforcers who were the first to come to her aid after the incident, Ortiz said it was possible.
Justiniano said Ortiz's statement did not conclusively show that the bruises were caused by the alleged rape. Ursua, however, said the medical findings must be seen in relation to other evidence, which all together support the allegation.
The case sparked anti-American protests in the former US colony and is seen as a black mark on exercises credited with helping weaken al-Qaeda-linked militants in the country's restive south.
The men were part of the 31st Marine Expeditionary Force stationed in Okinawa, Japan.
The US Embassy, which has custody of the men under a treaty with the Philippine government, hasn't released their ages or hometowns. (AH/AP/Sunnex)
Dr. Rolando Ortiz II, of the James Gordon Memorial Hospital in Olongapo City, west of Manila, told the court he examined the 22-year-old woman -- identified by the court only as "Nicole" -- two days after she was allegedly raped by a Marine while the three others cheered him on.
Asked if her injuries were consistent with rape, he replied, "It is consistent."
He said the woman suffered bruises on her arms, legs and genital area.
The rape charge is punishable by up to 40 years in prison. The Marines have refused to answer the charge, and the judge entered a plea of not guilty for them.
Prosecutors contend the woman was attacked November 1 in a van at Subic Bay, near Olongapo, by Lance Corporal Daniel Smith as Lance Corporal Keith Silkwood, Lance Corporal Dominic Duplantis and Staff Sergeant Chad Carpentier cheered on the assault.
The Marines had just finished counter-terrorism maneuvers with Philippine troops.
Smith had earlier admitted having sex with complainant but said it was consensual.
During questioning by the complainant's lawyer Evalyn Ursua, Ortiz said there were contusions on Nicole's genital area and these were consistent with "blunt injury caused by forcible entry of a cylindrical object."
Among the significant findings of Ortiz was that Nicole's genital had "deep healed lacerations" and the complainant felt pain in her private parts when he examined her two days after the alleged rape.
During cross-examination, Carpentier's lawyer asked the medico legal officer if the contusions could happen even in consensual intercourse, especially if the partners engaged in violent or vigorous sex.
"If you want me to choose between the use of force or consensual sex, I would say it is the use of force," the witness replied.
Ortiz admitted though that the bruises could have been 12 hours to four days old, so they could have been sustained before the alleged rape. They also could have been caused by activities other than rape, Ortiz said.
On the contusions in the complainant's arm and leg, which according to Ortiz appeared from 12 hours to two days before the examination, these were caused by pressure or force using the fingers or a blunt instrument.
When Jose Justiniano, a lawyer for Silkwood, asked if this could have happened when Nicole struggled with law enforcers who were the first to come to her aid after the incident, Ortiz said it was possible.
Justiniano said Ortiz's statement did not conclusively show that the bruises were caused by the alleged rape. Ursua, however, said the medical findings must be seen in relation to other evidence, which all together support the allegation.
The case sparked anti-American protests in the former US colony and is seen as a black mark on exercises credited with helping weaken al-Qaeda-linked militants in the country's restive south.
The men were part of the 31st Marine Expeditionary Force stationed in Okinawa, Japan.
The US Embassy, which has custody of the men under a treaty with the Philippine government, hasn't released their ages or hometowns. (AH/AP/Sunnex)
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