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Woman was pleading for help, says witness

A pathologist testified yesterday that tests he conducted on an alleged rape victim showed the presence of a single sperm.

King Edward VII Memorial Hospital's Dr. Keith Cunningham told Supreme Court that while the woman's genitalia were not damaged, microscopic examination of samples taken from the area showed evidence of ejaculation and penetration.

When he examined the woman's private parts, he continued, he said he found scratches, mucus and some loose pubic hair.

Dr. Cunningham was testifying during the trial of two men who are charged with serious sexual assault while concerned together.

The 29-year-old victim alleges that the men, who were aged 19 and 17 at the time of the incident on December 11, 1994, seriously sexually assaulted her at the equestrian centre on Vesey Street in Devonshire.

The doctor said when he examined the woman after the alleged incident, he also found scratches on her lips and face and a bruise on her back.

Dr. Cunningham said the scratches were consistent with an effort to remove a hand or hands placed over one's mouth.

He added that he formed the opinion the woman was drunk when he saw her and was very clear on some of the night's events and vague on others.

Later that day, Dr. Cunninghan said he examined one of the defendants and found extensive bruising and scratches on his neck. He added he took samples of the man's saliva and blood.

Earlier yesterday the jurors went to the scene of the alleged crime at the equestrian centre and upon their return to the court, a woman -- who cannot be named for legal reasons -- took the stand and said she and her boyfriend were working at a Jubilee Road business at 5.15 a.m. on the day of the incident.

She explained her boyfriend was finishing off some last minute work before the two of them went away for Christmas when they heard the sound of an "anxious voice'' crying out in desperation.

The witness said they did not open the door straight away because they did not know what was happening outside but the voice continued pleading with them to open it.

When they did open it, the witness said she recognised the woman outside who "looked awful'' with swollen red eyes and black mascara running down her face.

She said her lips were also cut and her clothes were covered in sand and dust.

When she went to comfort her, the woman pushed her away. The alleged victim then used the phone and afterward the witness said she called 911.

She told the court that they had a conversation while waiting for the Police and she smelt alcohol on the woman's breath but was not given the impression that she was drunk.

The Police arrived and took the two women to the alleged crime scene, she continued, before they took a statement from her and delivered the alleged victim to King Edward VII Memorial Hospital.

The woman has admitted visiting several Hamilton night spots and having a few drinks, ending up at Elbow Beach Staff Club.

There she could not find a cab at around 4 a.m. and hitched a ride with one of the men, who were on separate motorcycles. Despite sexual advances by the man who was towing her, the woman continued to travel with them.

She said she felt comfortable with the two men for part of the night and went with them to Vesey Street where she sat on a box in a paddock.

She testified the thinner of the two men removed her jeans, while the bigger man held his hand over her mouth and raped her.

The case continues today before Pusine Judge Vincent Meerabux.