How Medical Forensic Sexual Assault Examination Evidence is Presented in Court
If any evidence from the medical forensic sexual assault examination is introduced at trial, the SANE who conducted the examination will be called to testify. The SANE’s role is to be an objective, neutral healthcare professional prepared to testify for the prosecution or defense.
The SANE who conducted the medical forensic sexual assault examination in the case that is being tried, called the “treating SANE,” may testify as a fact witness (explained in Module 2) about her direct experience with the victim.
A treating SANE with significant experience, or a SANE who did not conduct the examination herself but has extensive expertise in the field, can be qualified as an expert witness (explained in Module 2) to testify about aspects of the case considered outside the knowledge of someone without specialized training and experience. The judge decides whether a witness offered as an expert has the necessary background to be “qualified” as an expert. If the SANE who conducted the examination has enough experience to be qualified as an expert, she can testify as both a fact and expert witness.