When someone has been accused of rape, one of the strongest indicators of guilt can be physical evidence. But while most people are aware that DNA can be recovered after a rape, they aren’t aware of how physical evidence used in a rape case is collected and that it often doesn’t automatically prove guilt. Here’s what an Oceanside sex crime lawyer says you should know about rape and DNA evidence.
Collecting Physical Evidence Used in A Rape Case
While some pieces of physical evidence, such as footprints or fingerprints might be collected at the scene, the majority of physical evidence used in a rape case is collected through rape kits, which are bags and envelopes of evidence collected directly from the victim’s clothes and body after a rape. Rape kits are completely voluntary for victims and are incredibly invasive, often traumatic, which is why many victims choose not together or wait until days after the rape occurred to get tested. Similarly, because the process of going to police is so difficult for victims, many people who get a rape kit choose not to file a police report and the rape kit is not tested but held until the victim decides to do so. Because there is no longer a statue of limitations on rape, a victim could wait 20 years or longer before deciding to press charges against someone if she chooses to.
Before physical evidence used in a rape case is collected, the rape kit process begins with the victim answering a lot of questions about what happened. Sometimes this process takes hours. After this is over, the victim will usually be asked to undress over a drop cloth so anything that falls off of their body (such as a hair from the suspect) can be collected. The clothes are also often collected. Nurses may go over their skin with a UV lamp to look for bodily fluids and with a comb on any hair-covered areas to collect hairs or other samples from the suspect. Photographs will be taken and a full internal and external exam given to document any injuries. The area under the nails will be scrapped and anything that comes loose will be kept. The nurse will also take blood and urine samples. Many rape kits are not completed fully because the victim can refuse to undergo any of the procedures that they may find upsetting.
Physical Evidence Doesn’t Always Indicate Guilt
As we mentioned in a previous article, one of the things that makes rape charges so difficult to prosecute is that simply because there is physical evidence proves someone had intercourse doesn’t mean that a rape occurred. In many cases, especially cases involving drugs or alcohol, the two parties agree that they had sex, but the only thing that they disagree with is whether or not the alleged victim provided consent. Even if there is evidence that violence occurred, if the two parties enjoy rough sexual activities, this could be innocent as well.
Also, as stated above, many victims don’t actually get rape kits until days or even weeks after the alleged rape occurred. Unfortunately, every time someone eats, drinks, showers, changes clothes or lays in a bed, physical evidence is lost and it is sometimes even replaced with physical evidence from other people such as roommates, family members, friends or romantic partners. If the victim was drugged, blindfolded or otherwise unable to identify their rapist, this could result in an innocent person being accused simply because their DNA was uncovered in the rape kit.
Additionally, sometimes victims have voluntary intercourse with someone before or after they were raped and if the victim did not see the perpetrator and the only physical evidence indicates the person they consensually had intercourse with, that person may wrongly be accused of rape. This can be a particular problem for those who recently had sex with someone who was raped and then murdered or left in a coma and therefore the victim cannot clarify that they had a consensual encounter. In fact, if you had consensual sexual relations with someone shortly before or after they were raped, you may want to contact an Oceanside rape defense attorney before investigators talk to you in order to help protect your rights. Even the finding of DNA is not conclusive because in addition to consent, DNA found on clothes can occur through contamination of co-mingled clothes.
Call an Oceanside Sex Crime Defense Lawyer
If you have been accused of rape or believe you may be accused of the crime, it is best to hire a sex crime defense lawyer in Oceanside as soon as possible. Because rape cases often come down to he said/she said arguments, it is critical you do not say anything that may hurt your defense later. For example, if you had consensual sex with someone who claims they were raped, your first instinct might be to deny having sex with them at all, but doing this can end up making you appear to be a liar if physical evidence or witness testimony proves you weren’t telling the truth. This means that anything you say afterwards may considered dishonest in the mind of investigators.
Police have a lot of techniques they use to get suspects to confess -often falsely. That is why it is so important to work with a rape defense attorney in Oceanside who can help protect your rights and reputation. If you have been accused of rape or believe you might be accused of rape, please call (760) 643-4050 to schedule a free initial consultation with Peter M. Liss.
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