Limitations of the Evidence Obtained During a Medical Forensic Sexual Assault Examination
For each type of evidence described on the previous page, there is a limitation as to what that evidence can “tell” the judge or jury. This table explains those limitations.
What the evidence can offer | Limitation of the evidence |
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Forensic evidence that can conclusively establish commission of a sexual act (e.g., semen detected on a swab from the victim’s vagina) |
This evidence alone cannot prove that the sexual act was not consensual. |
Forensic evidence that can conclusively establish the identity of the person who engaged in sexual activity with the victim (e.g., a DNA profile extracted from semen detected on a swab from the victim’s vagina) |
Again, this evidences alone cannot prove that the sexual act was not consensual. |
Documentation of external physical injuries observed during the examination or at a follow up examination |
External injuries may have non-criminal cause; e.g., bruising to victims arms may have been caused by defendant’s holding her up when she was drunk and staggering. |
Documentation of genital/anal injuries observed during the examination of at a follow up examination. |
Internal injuries from penile/vaginal penetration and from anal penetration may be caused by consensual sex as well as nonconsensual sex, so this evidence alone cannot prove that the sexual activity was not consensual or that force was used. |
Documentation of the victim’s state of mind and demeanor close to the time of the assault |
Based on commonly held misconceptions about sexual assault and trauma, some recorded descriptions of the victim’s demeanor may be seen to counter the victim’s narrative at trial (e.g., If the SANE wrote in the medical record that, during the examination, the victim displayed a flat affect and was laughing and then at trial the victim testifies that she was traumatized during her hospital visit the jury may perceive the victim’s testimony as inconsistent with the SANE’s recorded observations). |