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Massacre victim 'could have been raped or had sexual contact'


Traces of seminal fluid were discovered in one of the female victims of the Maguindanao massacre, suggesting that she could have either been sexually abused or had sexual contact prior to the killings. The findings were based on the autopsy report of Chief Inspector Dean Cabrera, a medico-legal expert from the Philippine National Police Crime Laboratory, who continued with his testimony before a Quezon City court on Wednesday. Cabrera, who autopsied 12 of the 57 massacre victims two days after the November 23 massacre, said vaginal swabs taken from victim Rahima Palawan tested positive for seminal fluid. "It is positive for the presence of acid phosphatase. This means the presumptive test is highly consistent with the presence of semen on the specimen," Cabrera said. Semen was also found on Palawan's underwear, added Cabrera. Asked by prosecution lawyer Alexander Suarez during direct examination if the victim could have been raped, Cabrera said: "I can conclude, given the circumstances... I can say there is definite evidence that there is sexual abuse or sexual contact." Cabrera said apart from looking for traces of seminal fluid, medico-legal experts have two other gauges in determining whether or not a woman has been raped. "One, when there is a corroborative statement [from the victim] regarding the alleged incident. And two, when there is the presence of genital injuries during examination." But Cabrera admitted he could not apply these two other tests on the victim who was already dead and whose hymen had already "disintegrated" because her body had begun decomposing. The medico-legal expert said checking the hymen for any injuries could help determine whether a woman was sexually abused. Cabrera said traces of seminal fluid can stay inside a person for a maximum of 72 hours or three days from the time of sexual contact. But private prosecutor Nena Santos, who represents Maguindanao Gov. Esmael "Toto" Mangudadatu, said the semen found on Palawan's body could not have come from the victim’s husband. "Mr. Muhamad Palawan said he did not have sex with the wife five days before November 23, 2009. So the semen found in the victim was not his," Santos told GMANews.TV. "And that day, he did not sleep in their house. He went home at 5 a.m. and Rahima was already leaving to go to the Mangudadatu house to join the convoy," she added. 'Violent deaths' Cabrera autopsied the body of Rahima on November 25 along with the other victims at the Subere Funeral Homes in Cotabato City. Apart from testing vaginal swabs from the victim, Cabrera also discovered four gunshot wounds on Palawan's body – two of them fatal, one found at her right abdomen and another on her left buttocks. Cabrera also presented to the court his autopsy report on another victim, Noel Decena, who died from 14 gunshot wounds. The first autopsy to be presented in court last week was that of victim Francisco "Ian" Subang who, according to Cabrera, could have been shot while lying down on the ground, based on the trajectory of the bullets that hit him. "It is possible that treachery is involved," Cabrera said. "I can describe his death as being cruel." At this point, prime suspect Andal Ampatuan Jr.'s legal counsel, Sigfrid Fortun, stood up and asked Cabrera's statement on treachery be stricken off the court record, saying he was in no position to conclude that. Judge Jocelyn Solis-Reyes of the Quezon City Regional Trial Court Branch 221 agreed to Fortun's request. Solis-Reyes is hearing the multiple murder case, in which 196 individuals where charged with 57 counts of murder in connection with the death of 57 individuals, including 32 journalists, in what is considered the worst election-related incident of violence in Philippine history. Change of venue Upon the request of the defense and without objection from the prosecution, Solis-Reyes agreed to hold Thursday's hearing at the QC-RTC Branch 221 inside the Quezon City Hall of Justice. The defense said the accused individuals currently detained at Camp Bagong Diwa no longer needed to attend Thursday's hearing since Cabrera would only be continuing with his testimony on the autopsy reports. Next week, venue for the proceedings will once again return to Camp Bagong Diwa where prosecution witness Noh Akil is set to be cross examined by other defense lawyers. — MRT/JV, GMANews.TV

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