DNA Evidence in Sex Crime Cases
A pretty effective tool for law enforcement and prosecutors in a sex crime case is being able to utilize DNA evidence in such a way that it shows that a defendant committed a crime. Sometimes, DNA evidence isn't relevant.
For example, suppose two people have sex, and both admit that they had sex, but one says it was consensual, and the other says it doesn't. In that case, the DNA evidence is not all that relevant because both parties have already admitted the sex was consensual. So, other issues would come into play. For example, whether there were any injuries or any sign of forced sexual intercourse.
First Date With Sexual Activity
I see DNA evidence a lot, though, in circumstances where people get together on a date; usually, it's a first date, and somehow, some sexual activity occurs. Maybe one person gets too drunk, and then the next morning, they feel like they've been taken advantage of, but they can't remember what happened.
Then the police come and interview them. They interview the other party, and a lot of times, they're trying to get DNA evidence, especially if the other party says yeah, we both got drunk. I didn't have sex with the person.
So, now getting DNA evidence would be crucial because if the police got DNA evidence and the other person's DNA was inside the vagina of the victim, now they've got an argument that that person lied to them. After all, they took advantage of an unconscious person, which happens all the time in these date-rape-type scenarios.
Do You Have to Give Police DNA if Requested?
One question that comes up with this DNA sex crime evidence is, do you have to give your DNA when the police come and ask for it? You probably don't, and I don't think they can force you to do it.
Where you would have a problem, though, is if you refuse to give your DNA evidence, they might be able to use that against you. Your attorney would have to argue to try to block that at a future trial or other court proceeding, but they may be able to get a warrant to get your DNA.
They'd have to present to the judge facts that show that they're a suspect in some sex crime, and getting the DNA might be relevant to establish whether they're guilty or innocent of that sex crime.
Then, they can get the warrant and come in and take the DNA. They could even force the DNA, and getting the warrant is not difficult. So, depending on the circumstances, I will often suggest to my clients that they cooperate and give the DNA.
Obviously, don't give any statement, but they could certainly give their DNA, and then the chips fall where they may. Just because there's DNA doesn't necessarily mean that a person is guilty of a particular crime. You must know exactly what they're being charged with and what evidence is necessary to prove the crime.
But DNA evidence has always been a very effective tool for law enforcement in trying to solve sex crime cases. Even for the defense, it can be used to show that a person did not have sex with somebody.
Even though DNA doesn't come up all the time, it would just be one additional factor that could be used to show that your particular client is not guilty of the crime because if they did have sex with the person, why isn't their DNA there?
Victim Examination by Doctor for DNA Evidence
But to get DNA, usually in a sex crime case, the alleged victim is going to have to obtain a SARC examination, which means that they go to the doctor, they go to typically a nurse, and that nurse is now going to check them to see if there's any DNA.
A whole series of tests are performed on the person, and then it's sent to be evaluated to see if there's any DNA. The next step is, whose DNA is that?
So, many times, they're going to want to put it through a database of people's DNA that they have. That's why now, in sex crime cases and felonies across California, people who are convicted of those felonies have to give their DNA, their fingerprints, their palm prints, because now law enforcement is collecting a database to be able to identify people who commit crimes when they can't figure out who the person is.
Rape Kit for DNA Evidence
For example, if somebody broke into somebody's house, raped them, and then left, and they didn't know that person, it's going to be difficult to identify that person. Still, if they left behind DNA, law enforcement can get a rape kit and put it in a database to see if they could get a match.
I've had countless DNA cases, and I can tell you that under the right circumstances, it can be a very effective weapon for prosecutors in a sex crime case during a jury trial to be able to present that DNA evidence.
Of course, it all depends on the facts and circumstances of a particular case. Not all instances justify using DNA; it has to be used correctly under the right circumstances.
