"The penetration injury is very telling," he said.
Under the Revised Penal Code, statutory rape is committed by having carnal knowledge of a woman under twelve years of age. The law also provides that “penetration, no matter how slight, or mere introduction of the male organ into the labia of the pudendum constitutes carnal knowledge.”
Dr. Tomas Dimaandal, city medico-legal officer, who performed the autopsy on the exhumed remains of Mariannet Thursday, said two lacerations were found in the girl's private part, one located at the left side, described as "shallow healed" and the other at the right side, described as "deep healed."
He said he suspected that a hard object, including a male sex organ, could have caused the laceration but he intimated that the girl "could have been raped.”
Baccay said he would rule out any other hard objects "other than a male sexual organ.”
Although the two lacerations evident at both sides of tissue have healed, Baccay said "it was probable that she was raped at least a week before she committed suicide.” He said it was also probable that she might have been molested earlier.
Although the girl was a victim of rape, Baccay said police investigation would still hold on to its theory that the girl had committed suicide.
"We still hold on the angle that it is suicide as there was no struggle observed on the part of Mariannet," he told reporters.
Aside from her entries in her school diary and her letter to the television program, Wish Ko Lang of GMA 7, Baccay also showed a page from the girl's notebook on which was sketched a girl inside what looked like a coffin.
The final autopsy result said the "cause of death is due to asphyxia by ligature.” Dimaantal explained Mariannet "could not breathe because of strangulation.”
"But it is not yet absolute. Foul play is still a possibility," Baccay said as he announced there would be a long investigation ahead. He said they have expanded their investigation, that could extend to the Ampers’ relatives, neighbors and Mariannet's religion teacher, adviser, and school principal.
Mariannet’s father, Isabelo Sr., and her brothers Isabelo Jr., 20, and Julieto, 18 were questioned by police during a formal inquiry today (Friday). Baccay said part of procedure was for them to take a drug test within the day.
Mariannet was found hanging by her younger brother, Reynald, 10.
Baccay meantime, also also ruled out news reports that the girl committed suicide because of abject poverty. "It was a melodramatic portrayal of the media," he said.
"Dili sila isang kahig-isang tuka," (They are not in subsistence living). He said the Ampers have the necessities although they cannot afford the luxuries in life.
"Their parents have cellular phones, they have electricity, they have a television set," he said. That they are poor could have contributed to the reasons why she committed suicide, he said. But he added it was wrong to conclude that she hanged herself because of poverty," he said. (with report from Walter I. Balane / MindaNews)