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DNA Test Adds Charge Against Rape Suspect : Crime: Genetic evidence allegedly links man to an assault on a 50-year-old woman. He is already awaiting trial in two other sexual attacks.

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TIMES STAFF WRITER

Kyle Joseph Borges, awaiting trial in the rape of a 12-year-old Huntington Beach girl and the attempted rape of a Dana Point teen-ager, will now face additional charges of rape and burglary after DNA evidence allegedly linked the former construction worker to an attack on a 50-year-old Huntington Beach woman.

Huntington Beach police submitted the new charges based on DNA testing Friday to the district attorney’s office.

The 50-year-old woman was raped last September after a man entered an unlocked bedroom window. That attack occurred just two weeks before the kidnaping of a 12-year-old girl while she slept on a sofa in the living room of her father’s two-story condominium.

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The girl was raped and then pushed nude from her abductor’s truck at an intersection near her home. Borges was arrested two days later. Borges, 29, in custody in the Orange County Jail, now stands accused of 11 felonies including burglary, attempted burglary, kidnaping, rape, lewd and lascivious conduct with a minor and sexual penetration by a foreign object.

The attack on the Dana Point teen-ager also occurred in September. In that incident, a man entered a home through an unlocked window and went into the bedroom of a 14-year-old girl. When attempts to muffle her screams failed and the girl’s mother awakened, the man fled.

Before his arrest on suspicion of rape and attempted rape in the cases of the two young girls, Borges had been acquitted of charges that he raped a 46-year-old Anaheim Hills housewife in 1988. In that trial, the jury was not allowed to consider the belated results of so-called DNA tests that prosecutors say identified him as the assailant to a virtual certainty.

“That is the main point we want to make here,” said Lt. Ed McErlain of the Huntington Beach police. “If those DNA tests had been allowed to enter that case in 1988, this guy wouldn’t have been on the street and we wouldn’t have three additional cases.”

DNA, or deoxyribonucleic acid, is found in blood, bodily fluids and human hair that can often be gleaned from victims or crime scenes. It is the main molecule of human life that carries a person’s unique genetic coding. Except for identical twins, the odds of two people having the same DNA are about 1 in 30 billion, experts say.

DNA testing has been used in criminal trials and investigations in at least 30 states.

According to court documents, Borges has a lengthy record of arrests that date back to 1974 when he was arrested as juvenile on a charge of assault with intent to commit rape.

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In 1988, he was arrested in San Diego on suspicion of oral copulation with a person under 14 but no criminal charges were filed.

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