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Friday, June 23, 2006
No semen on condom linked to alleged rape: report
MANILA -- A police report submitted Thursday to a court hearing a rape case against four US Marines said no semen was found on a condom purportedly 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 that she was raped by Lance Corporal Daniel Smith in front of three others, Lance Corporal Keith Silkwood, Lance Corporal Dominic Duplantis, and Staff Sergeant Chad Carpentier.
The rape allegedly occurred on November 1 inside a moving van at the former US naval base in Subic Bay, near Olongapo city, west of Manila. The Marines had just finished counter-terrorism maneuvers with Philippine troops.
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 innocent for them.
The lab results were attached to an investigation report by investigator Ramon Paje, who testified Thursday.
A US Navy investigator separately told the court 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.
However, Evalyn Ursua, a lawyer for the woman, said the laboratory findings do 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." (AP)
(June 23, 2006 issue)
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