Doctor: No positive findings of rape, however, examination doesn't rule it out

TUCK: Former UFC MMA fighter Jon Tuck arrives at the Supreme Court of Guam on May 12. Kevin Milan/The Guam Daily Post

The physician who examined a woman who is accusing Jon Tuck of rape did not find diagnostic proof of a sexual assault, but said it was “logical to assume” minor injuries he observed could have occurred as a result of what she alleged.

Dr. William Weare testified during the second day of the former UFC fighter’s trial. Weare is a forensic examiner at the Healing Hearts Crisis Center and has been with the organization for at least 20 years, he said.

In March 2020, he conducted an exam on the 22-year-old woman following her reporting of the crime. He documented a mild abrasion about a centimeter large and red, irritated skin in her genital area. Weare was asked by prosecutor Richelle Canto about the possible causes for the latter.

“Anything that irritates that area can cause this,” he testified, but added that he also factored what the patient's reported the sexual assault along with pain and discomfort.

“One plus one equals two, in this case,” Weare said.

However, because there were no other injuries – particularly deep lacerations, tears or bleeding, Weare reported there were “no positive findings” from the exam. About half of the cases he deals with ultimately have that conclusion, he testified.

“For the purposes of coming to a conclusions, I can’t say that this finding is diagnostic of any kind of anything,” Weare said.

Canto sought to clarify what the phrase “no findings” meant in terms of evidence of the alleged rape.

“So that’s the question, ‘no findings’ here will be – I guess a more specific term, and not really how we normal people use the term ‘no findings,’” she said to the physician.

“I think that’s a correct assessment,” Weare answered, later testifying: “When you put these together: the findings and (the victim’s) story, it’s logical to assume that it may have some bearing on the case, and that’s why it was documented.”

‘No one can know about this.’

Tuck’s accuser completed her testimony Wednesday. Her first testimony on the witness stand ended after she became emotional about 20 minutes into her appearance.

“I was a little bit nervous, and I (inaudible) some time with my thoughts and just refresh my memory in my head about everything,” she testified.

Under questioning from Canto and defense attorney Randy Cunliffe, the 22-year-old couldn’t recall specific details of the night in question, including what Tuck was wearing, how long she remained at a restaurant after the alleged rape occurred and specific statements she gave to the police.

She did state however, something Tuck said to her following the alleged assault.

“He said, ‘No one can know about this,’” she testified.

The prosecution rested its case against Tuck. Cunliffe told the court he intends to call just one witness: a police officer. He successfully moved to dismiss one count of criminal sexual conduct from the case, without opposition from Canto. Closing arguments are expected Friday.

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