No semen in condom—police report
A POLICE report submitted to the court hearing the rape case against four US marines said no semen was found on a condom that was said to have been used in the alleged assault.
Defense lawyer Francisco Rodrigo said the police crime laboratory report “revealed the absence of seminal stain” on the condom and the underwear of the alleged 22-year-old victim.
Lawyers for the marines said the report cast doubt on claims by the woman, identified only as “Nicole,” that she was raped by Lance Cpl. Daniel Smith in front of three others—Lance Cpl. Keith Silkwood, Lance Cpl. Dominic Duplantis, and Staff Sgt. Chad Carpentier.
The rape allegedly took place on Nov. 1 inside a moving van within Subic Bay.
The lab results were attached to an investigation report by investigator Ramon Paje, who testified yesterday.
A US Navy investigator told the court separately that Smith allegedly admitted he had sex with the woman and that he used a condom.
Another defense lawyer, Jose Justiniano, told reporters the laboratory report favored the accused. “If there was no seminal stain, you cannot say there was sexual intercourse,” Justiniano said.
But Evalyn Ursua, a lawyer for the woman, said the laboratory findings did not mean no rape was committed.
“The elements of rape are only two—there’s sexual contact, and secondly it was against the will or there’s lack of consent,” she said after the hearing. “The law does not say there should be semen found to say there was rape.”
At the hearing yesterday, a witness for the prosecution disputed the account of the driver of the rented van, who claimed he was beaten and forced into testifying against the four US servicemen.
Melchor Delquina, an investigator for the Subic Bay Metropolitan Authority, said he saw the van’s driver, Timoteo Soriano, give his statement voluntarily to Paquito Torres, section chief of the SBMA Investigation and Intelligence Office on Nov. 2.
Soriano’s initial statement appeared to support charges that the marines raped Nicole inside the van on Nov. 1. Soriano later recanted, however, claiming that Torres had punched him twice and threatened him into testifying against the servicemen.
Delquina also related to the court how he took photographs of the Starex van and gathered the evidence in the area, including an empty foil container of a condom.
“I found it on the floor, third row of the van’s seat at the left portion while I was taking pictures inside the van,” Delquina told the court. “I picked it up by using a ball pen.”
He put the wrapper into a sheet of paper and wrapped it up as evidence, he said.
Also yesterday, defense lawyers questioned Paje about how he handled the evidence before turning it over to an evidence custodian.
Paje was asked how he handled Nicole’s underwear, pants, and the used condom that were found at the scene before he turned them over to the custodian.
But Paje said he did not touch the evidence, which he put in a brown paper bag and turned over to Genevieve Puno, the custodian. Michael Caber, and AP - Manila Standard
Defense lawyer Francisco Rodrigo said the police crime laboratory report “revealed the absence of seminal stain” on the condom and the underwear of the alleged 22-year-old victim.
Lawyers for the marines said the report cast doubt on claims by the woman, identified only as “Nicole,” that she was raped by Lance Cpl. Daniel Smith in front of three others—Lance Cpl. Keith Silkwood, Lance Cpl. Dominic Duplantis, and Staff Sgt. Chad Carpentier.
The rape allegedly took place on Nov. 1 inside a moving van within Subic Bay.
The lab results were attached to an investigation report by investigator Ramon Paje, who testified yesterday.
A US Navy investigator told the court separately that Smith allegedly admitted he had sex with the woman and that he used a condom.
Another defense lawyer, Jose Justiniano, told reporters the laboratory report favored the accused. “If there was no seminal stain, you cannot say there was sexual intercourse,” Justiniano said.
But Evalyn Ursua, a lawyer for the woman, said the laboratory findings did not mean no rape was committed.
“The elements of rape are only two—there’s sexual contact, and secondly it was against the will or there’s lack of consent,” she said after the hearing. “The law does not say there should be semen found to say there was rape.”
At the hearing yesterday, a witness for the prosecution disputed the account of the driver of the rented van, who claimed he was beaten and forced into testifying against the four US servicemen.
Melchor Delquina, an investigator for the Subic Bay Metropolitan Authority, said he saw the van’s driver, Timoteo Soriano, give his statement voluntarily to Paquito Torres, section chief of the SBMA Investigation and Intelligence Office on Nov. 2.
Soriano’s initial statement appeared to support charges that the marines raped Nicole inside the van on Nov. 1. Soriano later recanted, however, claiming that Torres had punched him twice and threatened him into testifying against the servicemen.
Delquina also related to the court how he took photographs of the Starex van and gathered the evidence in the area, including an empty foil container of a condom.
“I found it on the floor, third row of the van’s seat at the left portion while I was taking pictures inside the van,” Delquina told the court. “I picked it up by using a ball pen.”
He put the wrapper into a sheet of paper and wrapped it up as evidence, he said.
Also yesterday, defense lawyers questioned Paje about how he handled the evidence before turning it over to an evidence custodian.
Paje was asked how he handled Nicole’s underwear, pants, and the used condom that were found at the scene before he turned them over to the custodian.
But Paje said he did not touch the evidence, which he put in a brown paper bag and turned over to Genevieve Puno, the custodian. Michael Caber, and AP - Manila Standard
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