Defense puts girlfriend on the stand to dispute rape allegations

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Guam – In a spur of the moment decision, the defense for a man standing trial for raping a 14-year-old girl called the man’s girlfriend to the stand in an effort to prove that the defendant doesn’t “shoot blanks.”

The decision to put Austin Barcinas’ girlfriend on the stand stemmed from the court requesting the defense answer how a birth certificate naming Barcinas as the father of a child is proof that he is, in fact, the biological father.

According to the defense, the birth certificate indicates that he shares a 1-year-old son with his girlfriend Rochelle Cabrera. Defense attorney Rocky Kingree was adamant that a birth certificate is a self-authenticating document and that a man would not put his name on a birth certificate if the child was not his.

The government contended that because Barcinas is not married to Cabrera, the birth certificate does not mean that Barcinas is the biological father and instead it only presumes this.

On the stand, Cabrera testified that Barcinas is without a doubt the father of her child despite a paternity test never being conducted.

So how is this relevant to the rape trial?

In court it was noted that the victim Barcinas is accused of raping had semen on her panty after the alleged rape, however that semen did not contain sperm.

According to the defense based on this evidence it could be presumed that the individual who raped the victim was impotent. The defense contends that because Barcinas has a child that would mean that he is not “shooting blanks” and therefore could not be the perpetrator.

In disagreement, the prosecution continued to stress that a birth certificate is not a confirmation that he is the biological father as no paternity test was conducted, further arguing that Barcinas was never tested to see if he is impotent.

Police say the victim had visited Barcinas’ residence and was drugged. When the victim woke up, she complained of pain to her private parts.

At the time, Barcinas told police that there were four men home, including himself. All four men provided DNA samples and “results from the DNA analysis indicated, to a scientific degree of certainty, the DNA profile of Barcinas was the contributor of the DNA found on the victim’s underwear.” The remaining three men were excluded as DNA contributors of the sample found on the victim’s underwear.

It is now up to the jury to weigh the evidence and determine if the DNA testing linking Barcinas to the rape of the 14-year-old girl is correct or if a birth certificate and testimony from the child’s mother is sufficient evidence to prove that the semen did not belong to him.

But before the jury deliberates, legal counsels will have one last opportunity to sway the jury with closing arguments.

SOURCEJolene Toves
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Jolene Toves
Jolene joined the PNC team in 2017, as a producer, co-anchor and investigative reporter covering law enforcement, courts and crimes. Notable coverage includes the Ehlert case, the Mark Torre Jr. trial, the Allan Agababa trial, exclusive pieces on the Life of a Drug Dealer/Addict, and Life behind bars...the story of Honofre Chargualaf and Kevin Cruz. In 2019, she was promoted to Assistant News Director and Lead Anchor. From 2015 to 2017 she served as Public Relations and Promotions Manager, for the Hotel Nikko Guam handling local radio and advertorial promotions, as well as produced and directed tv commercials for the hotel. Prior to this she worked with KUAM for three years as a reporter and segment host. She began her journalism career in 2012, working with Glimpses of Guam contributing to the Guam Business Magazine, R&R magazine, MDM magazine and the Marianas Business Journal.