He just stated that there wouldn't be any vaginal evidence to tell the difference between consensual or non consensual sex... that there'd have to be other physical evidence to support the rape charge...
If she is torn up inside, that would be evidence that implies rape. If she's not torn, then Kobe's defense will use this as his primary defense, as I heard Pamela Mackey say just a few hours ago say that she would. If they come with less, I'd doubt her story, not his.
I thus question Baden, the vaginal evidence is crucial to Kobe's guilt or innocence.
Guess this whole affair just takes the wind out of the Malone, Peyton sails.