Olongapo SubicBay BatangGapo Newscenter

Wednesday, July 19, 2006

‘Underwear tests showed sex took place’

By Ferdinand Fabella
Manila Standard Today


THE results of the DNA tests on the underwear of the complainant in the Subic rape case showed she had sex with a male partner on Nov. 1, 2005, the day she claimed she was raped, a witness said yesterday.

Testifying as an expert witness, Chief Insp. Francisco Supe Jr. said 22-year-old “Nicole’s” panties had at least four stains in the crotch and back area and proved positive for both male and female DNA profile.

That profile matched the blood samples taken from Nicole, indicating it was the complainant’s DNA signature, said Supe, chief of the Forensic DNA Analysis Section of the National Police Crime Laboratory in Camp Crame.

He said he and another DNA analyst found four areas in Nicole’s panties that contained male fluid that could either be a saliva or semen, “but most probably semen because it’s unlikely for anyone to lick a panty.”

But a separate DNA test on the used condom recovered from the van where the alleged rape took place proved negative for semen, Supe said.

He said the condom might have been contaminated and its contents degraded before it was submitted for DNA analysis. The condom was “turned inside-out” when its user ejaculated and its contents exposed to elements.

“The condom might have been wiped on Nicole... or maybe it was washed thoroughly,” Supe said.

Defense lawyer Jose Justiniano said the DNA results only showed there was indeed sexual intercourse.

“It cannot prove rape,” he said.

“There was sexual intercourse but whether the complainant was forced into it, it’s entirely different matter. This is a rape case.”

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