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Even if the suspect's DNA is present, it does not prove the defendant is guilty.
This is usually argued when the defense theory is consensual sex or self-defense. The defense will argue that the DNA evidence is non-probative in a consensual sex case because the identity of the defendant is not at issue and the DNA is therefore irrelevant to prove the crime charged. However, DNA evidence may emphasize the viability of the investigation as well as provide corroboration of the victim's disclosure. Identity is only one dimension of the state's case.
In a sexual battery case, the defense may argue that the DNA evidence should be disregarded as non-probative of guilt and attack the credibility of the victim. The prosecution can use the DNA to corroborate line for line the victim's statement, not just that the act occurred, but the manner and the timeline surrounding the act. For example, a defendant may make a victim clean up with a towel and then throw it in a trash can. DNA may be recovered on the towel, which will corroborate the victim's account of the events.
Additional Online Courses
- What Every First Responding Officer Should Know About DNA Evidence
- Collecting DNA Evidence at Property Crime Scenes
- DNA – A Prosecutor’s Practice Notebook
- Crime Scene and DNA Basics
- Laboratory Safety Programs
- DNA Amplification
- Population Genetics and Statistics
- Non-STR DNA Markers: SNPs, Y-STRs, LCN and mtDNA
- Firearms Examiner Training
- Forensic DNA Education for Law Enforcement Decisionmakers
- What Every Investigator and Evidence Technician Should Know About DNA Evidence
- Principles of Forensic DNA for Officers of the Court
- Law 101: Legal Guide for the Forensic Expert
- Laboratory Orientation and Testing of Body Fluids and Tissues
- DNA Extraction and Quantitation
- STR Data Analysis and Interpretation
- Communication Skills, Report Writing, and Courtroom Testimony
- Español for Law Enforcement
- Amplified DNA Product Separation for Forensic Analysts