A preliminary report from the Lehigh County district attorney's office shows "insufficient evidence" against a transsexual accused of raping a woman on June 10 in the women's section of the county prison.

Test results taken from the alleged victim were inconclusive, said Warden Timothy Carver. "There's really insufficient evidence to support a charge" of rape.

The investigation was by detectives in coordination with Dist. Atty. William Platt's office.

The victim said the transsexual raped her in the shower in the women's section of the prison, where both were being held. Prison sources said the victim and transsexual were being held on prostitution-related charges. Both have since been released.

The transsexual had been in the women's section for three weeks before the alleged rape. Carver said prison officials looked into how the transsexual got in the women's section.

"What it boiled down to was that the physical examination was done improperly."

As a result, the doctor from Sacred Heart Hospital who performed the physical examination was put on a year's probation. The warden also said more stringent measures were ordered on prisoner classifications.

A prison source who asked not to be identified said no disciplinary action was taken against the corrections officer on duty. The source also said no new or more stringent regulations were handed down on prisoner classifications.

"It's business as usual," he said, adding correction officers "have taken it upon themselves" to carefully determine an inmate's sex during processing.