In some cases, prosecution teams and police departments will try to use DNA testing as a part of their sex crimes investigations. DNA testing is sometimes seen as the gold standard; however, there are some situations where DNA testing is not as reliable as people think. Therefore, it is important to rely on an experienced defense attorney who understands how DNA testing works, the holes in DNA testing, and how to defend the rights of his or her client.
What Is DNA Testing?
First, it is important for people to know how DNA testing works. DNA is like fingerprints. The idea behind DNA testing is that DNA is unique to each individual. Therefore, if someone leaves his or her DNA behind at a crime scene, the prosecution team will try to use this as proof that the defendant was at the scene of the crime. On the other hand, the defense team will try to raise doubts about the validity of the testing method used and propose alternatives for how the DNA arrived at the scene of the crime.
When it comes to sex crimes, DNA often takes the form of pubic hair and semen samples. This is used as evidence that sexual intercourse occurred. When it comes to sex crimes, the stakes are high, so an experienced defense attorney will try to use certain methods to try to get key pieces of evidence excluded at trial.
The Use of DNA Testing in Sex Crime Investigations
In many cases, DNA testing plays an early role in sex crime investigations. If someone is accusing another person of rape, then there might be a medical exam done called a rape kit. The goal of this kit is to come up with DNA that might match the defendant; however, there are situations where this DNA might be unreliable. First, this DNA is only evidence that sexual intercourse took place, and not that a rape occurred. Furthermore, if there are multiple DNA samples extracted, it is hard to prove which of the samples came from the alleged rapist, particularly if some of the encounters were consensual.
The Use of DNA Testing in Sex Crime Prosecutions
Sometimes, the right defense attorney can get certain forms of DNA testing excluded at trial. This is done by targeting how the sample of DNA was stored and how it was tested. For example, DNA testing machines have to be calibrated regularly in order for their results to be considered reliable. If the testing machine hasn’t been calibrated in some time, the results might be considered invalid and could be thrown out. Furthermore, samples of DNA have to be stored correctly in order to be preserved. If the evidence wasn’t handled properly, this could be another reason to get DNA test results excluded.
Rely on the Experience of the Best Criminal Defense Attorney Utah
If you have been charged with sexual abuse Utah, then you need to the best criminal attorney Utah. If you are looking for a sexual abuse lawyer near me, then rely on Wasatch Defense Lawyers. We are fluent in English, German, and Spanish. Our aggressive approach delivers favorable results for our clients. We also offer military discounts! Contact us today!
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