As I understand it, that's exactly the argument that Pam Mackey is going to make.
Hello!
****Bryant's accuser has told police she had sex with another man two days before June 30 and that he used a condom. But investigators say semen and sperm that do not match Bryant's genetic profile were found on her body and on two pairs of her underwear, one worn that night and the other worn to the hospital exam.****
http://sports.espn.go.com/nba/news/story?id=1810798