The absence of DNA evidence on vaginal and underwear swabs does not preclude a finding of penetration where the forensic evidence explains that absence of DNA does not exclude contact, and where the complainant's immediate and consistent complaint is corroborated by circumstantial evidence including the accused's post-offence conduct. Words spoken by an accused after alleged offending ('What have I done? What the fuck?') are admissible where, in context, they are reasonably capable of being construed as an admission; the possibility of an innocent explanation does not render them inadmissible.
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