Prosecutors’ Perspectives on Biological Evidence and Injury Evidence in Sexual Assault Cases

Abstract

Little prior research has explored how prosecutors perceive and utilize biological and injury evidences in sexual assault cases. In this qualitative study, semistructured interviews were conducted with assistant district attorneys (ADAs) working in an urban district attorney's office in the northeastern United States. ADAs were asked to describe how biological and injury evidences could be probative and their strategies for using this evidence. The interviews suggest that prosecutors perceive the probative value of biological and injury evidences on a continuum, varying based on case characteristics. Prosecutors felt that undergoing a forensic medical examination in itself supported victims' credibility. Biological evidence bolstered victims' credibility if it matched the victim's account better than the defendant's. They perceived DNA evidence as helpful when it identified unknown suspects, confirmed identification of suspects by other means, or rebutted defendants' denial of sexual contact. DNA evidence was also helpful when victims were incapacitated, too traumatized to recall or talk about the assault, or too young to identify assailants, and when police used the information in interrogating suspects. The biggest limitation to biological evidence prosecutors cited was overcoming the consent defense. The ADAs reported they used DNA evidence even when it was not particularly probative, because it confirms the correct person is being prosecuted, it communicates the victim's and prosecution's seriousness, and it meets jury expectations in trials. Prosecutors found injury evidence useful because it corroborated victims' accounts and helped refute defendant claims of consensual sex. The findings may assist in educating others about biological and injury evidences in these cases, and could inspire professionals and advocates to work to develop and support a broad range of investigative methods.

Detection of Inflicted Bruises by Alternate Light: Results of a Randomized Controlled Trial

“…Injuries, such as those from strangulation, can significantly impact clinical outcomes if they are not detected (8). Additionally, research indicates injury documentation is associated with greater victim engagement in the criminal justice process (9,10) and may provide corroborative evidence in court (11).…”

A State Census of Unsubmitted Sexual Assault Kits: Comparing Forensic DNA Testing Outcomes by Geographic and Population Density Characteristics*

“…Finally, we emphasize that this study did not assess how CODIS hits and CODIS serial sexual assault hits were utilized by police and prosecutors in these jurisdictions and whether the forensic DNA testing results contributed to new arrests and convictions. Emerging data suggest that DNA evidence is instrumental in prosecutorial decision making for charging decisions in sexual assault case (44,45) so this is an important area for continued study. We have follow-up studies planned in both metro-and micropolitan jurisdictions in this state to explore these questions.…”

Sexual Assault Forensic Examination in adult and child cases: Is Colposcopy Really Necessary?

“…-Samples collection: Vaginal and anal swabs were taken on special trial swabs and dried at room temperature then sealed in special tubes with a complete chain of custody then referred to the forensic laboratory to be investigated for detection of seminal stains; it is timedependent, within seven days from the assault. So, victims with a history of assault more than one week were excluded from swabs examination [15].…”