Olongapo SubicBay BatangGapo Newscenter

Tuesday, September 19, 2006

Subic rape case now a battle of forensic experts

By Jefferson Antiporda, Manila Times Reporter

A DEFENSE witness on Monday claimed no rape had taken place, contrary to allegations made by the complainant in the case being tried by the Makati Regional Trial Court.

Dr. Theresita Sanchez, a forensic clinician, told the court that signs usually associated with rape were absent in the person of the complainant.

As regards the bruises on the supposed victim’s arms and legs, Sanchez said a tight grip could have caused them, explaining that some people are so sensitive that they are prone to them.

The 22-year-old complainant, known by the pseudonym Nicole to hide her true identity, claimed L/Cpl. Daniel Smith of the US Marine Corps had raped her in a Starex van while it was being driven around the Subic Bay Metropolitan Authority on November 1 last year.

Earlier Dr. Raquel Fortun, an expert witness presented by the prosecution panel, said on cross-examination that the bluish marks were cause by a “blunt object like a fingertip.”

“A typical rape victim usually sustains a black eye, broken jaw and even broken arms because she is resisting,” Dr. Sanchez said, quoting from a book on the subject that was presented to the court.

According to Dr. Sanchez the dark-red bruises found on Nicole’s genitalia during a pelvic examination “could be obtained even during a consensual sex act.” The prosecution’s expert witness had claimed the bruises could have been caused by penetration of the vaginal opening “by a blunt force.”

Dr. Orlando Ortiz, a medicolegal officer of the Olongapo City Hospital, had testified he found the bruises when he examined Nicole on November 3.

Dr. Sanchez explained Nicole could have the same injuries even during consensual sex because she still has a small vaginal opening and because she has not yet given birth. The cramped space in the moving van, where the sex act took place, contributed further to the bruises.

As for the claims that Nicole on the night in question had a blood alcohol content of 445.9-milligram per deciliter, San­chez said such high-blood alcohol level could lead to a coma and even death without medical intervention.

The prosecution panel announced it would cross-examine the witness on Monday next week.

In the meantime, the defense will present Staff Sgt. Chad Carpentier as its third witness, followed by Lance Corporals Dominic Duplantis and Keith Silkwood this week.

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