Rape; two modes of committing rape. The enactment of Republic Act No.

8353 or
the Anti-Rape Law of 1997, revolutionized the concept of rape with the
recognition of sexual violence on “sex-related” orifices other than a woman’s
organ is included in the crime of rape; and the crime’s expansion to cover
gender-free rape. The transformation mainly consisted of the reclassification of
rape as a crime against persons and the introduction of rape by ‘sexual assault’
as differentiated from the traditional ‘rape through carnal knowledge’ or ‘rape
through sexual intercourse. Thus, under the new provision, rape can be
committed in two ways: 1. Article 266-A paragraph 1 refers to Rape through
sexual intercourse, also known as “organ rape” or “penile rape.” The central
element in rape through sexual intercourse is carnal knowledge, which must be
proven beyond reasonable doubt. 2. Article 266-A paragraph 2 refers to rape by
sexual assault, also called “instrument or object rape,” or “gender-free rape.” It
must be attended by any of the circumstances enumerated in subparagraphs (a)
to (d) of paragraph 1. -  People of the Philippines v. Bernabe Pareja y Cruz, G.R. No.
202122, January 15, 2014.
Statutory rape; elements. Rape under Article 266-A(1)(d) is termed statutory rapeas
it departs from the usual modes of committing rape. What the law punishes in
statutory rape is carnal knowledge of a woman below twelve (12) years old.
Thus, force, intimidation and physical evidence of injury are not relevant
considerations; the only subject of inquiry is the age of the woman and whether
carnal knowledge took place. The law presumes that the victim does not and
cannot have a will of her own on account of her tender years; the child’s consent
is immaterial because of her presumed incapacity to discern good from evil. In
the case at bar, the prosecution was able to establish beyond reasonable doubt
that accused-appellant had carnal knowledge of AAA in the afternoon of
September 12, 2004, when AAA was just nine years old. -  People of the
Philippines v. Roel Vergara y Clavero, G.R. No. 199226, January 15, 2014.

This extreme sensitivity, however, creates its own problems. "You have to be extra careful not to
contaminate the sample or equipment," Kobilinsky said, since just a tiny bit of contaminating DNA is
enough to generate a false positive from a sample that otherwise lacks the relevant DNA sequence.
That was a danger here: the DNA from the bra clasp, ultimately used to place Sollecito (and by
induction, Knox) at the scene, sat around for weeks in an apartment that Knox had occupied
and Sollecito visited.

Preventing Crime Scene Contamination

Sat, 01/04/2014 - 4:40am
Dick Warrington
Lynn Peavey Company
LISTED UNDER:
Crime Scene Products|Evidence Collection and Packaging|Apparel, PPE
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Preventing Crime Scene ContaminationA call comes in, and officers race to the crime
scene. Crime Scene Officers investigating a scene have a crucial responsibility: to find and
preserve evidence. In the past, we simply pulled on a pair of gloves and maybe a mask to
filter out odors, and got to work. Nowadays, we know that’s not enough to protect scenes
from unintentional contamination of evidence. Contamination is a serious problem that can
ruin evidence and jeopardize a criminal case. Attorneys for the defense and the prosecution
will scrutinize the integrity of your evidence. You can expect questions about the methods
used to collect and handle evidence when your case goes to court. While it may be
impossible to eliminate contamination from every scene, you can prevent most of the
problem by planning ahead and developing standard methods for working a scene.

As a CSO, your job is to preserve the scene as it is and to account for the evidence left by
the suspect. Contamination occurs when something is introduced into the scene that was
not previously there. Most contamination comes from the people investigating the scene.
Remember, any time you walk in or out of the scene, you can bring something in or out
with you. By taking a few precautions, you can avoid a lot of problems.

One of the most important ways to limit contamination is by limiting access to the scene.
First, evaluate the scene. Consider what types of evidence are present and the best method
for collecting them. Figure out if you’ll need additional staff or outside experts. Some
evidence may need to be processed quickly and carefully because it’s fragile. At an outdoor
scene, weather and the environment become factors. You may need a tent to protect the
scene and to maintain privacy. Once you have an overall plan in place, you can control who
enters the scene. Doing so decreases the chances of contamination. People who aren’t
working the scene usually don’t need to be there. Often with a major crime, a variety of
detectives and other officials will want to view the scene. But with the availability of smart
phones and other devices, they don’t all need to be there; instead, you can use live stream
videotaping to bring the scene to them. Do your best to keep the number of people at the
scene to a minimum, and make sure you keep a log of everyone who enters and leaves the
scene. Anyone at the scene can be subpoenaed, so an accurate record is critical.

In some cases, preventing contamination may be especially difficult. If multiple first

responders are tending to the victim, their first responsibility is to the victim; they are not
necessarily thinking about scene preservation. As a result, they may inadvertently leave
fingerprints, footprints, and even DNA evidence behind. You must account for that evidence.
Interview each responder and get a full report of their actions while at the scene. Get
fingerprints, shoe print patterns, DNA, etc., from each person for elimination purposes.
Once you’ve established who will enter the scene, limit contamination by wearing the proper
protective clothing. Tyvek suits, masks, gloves, and booties are essential. Cover your head
to avoid dropping hair on the scene. Change gloves and booties frequently. Evidence is
often on the floor; if you get blood or other evidence on your booties, change them.

Gloves can become contaminated in many ways. Whenever you touch blood or other fluids,
change gloves. Also be alert to other sources of contamination. If you touch your eyes,
scratch your nose, or cover your mouth when you cough, change gloves. If you pick up an
item at the scene, change gloves before touching anything else. The first item might have
the suspect’s DNA on it. If you touch the item and then grab something else, you could
transfer evidence onto the second item. Every time you think your gloves have been
compromised, change them. Consider wearing two pairs of gloves; when you need to
change them, you can remove the top layer and quickly put on a fresh pair.

Collect booties in a paper sack and send them for processing in case they have any
evidence on them. Dispose of gloves and other items in a bag labeled as biohazard. All
items you dispose of should be bagged and documented, but not thrown away. Save these
items until you’re certain they’re not needed.

A staging area can make it easier to protect your scene. Set up a tent outside the main
crime scene for this purpose. This area gives officers a convenient place to change into
booties, Tyvek suits, gloves, and masks. It also allows them do their work out of the view of
the public and the press.

Contamination can also occur when dealing with prints and DNA evidence. DNA can be
transferred from one crime scene to another through tools. Use new tweezers at each
scene. Fingerprint brushes and powders can retain DNA, so always use a clean brush and
new magnetic powder at each scene. If you don’t, DNA from an old scene could show up at
the new scene. Once you process a sample, protect it from contamination. For instance, if
you swab a sample to air dry and then cough over it, you’ve compromised your evidence.

Keeping contamination of evidence to a minimum is especially critical when investigating a

homicide. Homicide crime scenes are ripe for potential DNA evidence. Collect as much
evidence as possible. Even if DNA can’t be lifted from a sample in the present, new methods
may be available in the future.

Eliminating contamination at a crime scene can make or break a case. It’s up to you to be
diligent about protecting the scene and your evidence.

Dick Warrington is in research and development and a crime scene consultant and
training instructor for the Lynn Peavey Company. dwarrington@peaveycorp.com