Forensic Evidence and Consent in Rape Cases in Minnesota Courtrooms
This is no secret. Rape cases are some of the most difficult and challenging cases that anybody can face in Minnesota criminal courtrooms. Consider the circumstances where somebody has been falsely accused and now faces the avalanche that the state and the world will throw at them? Combine that with the Me Too Movement and the fact that anybody would have the temerity to exercise their Constitutional right to a presumption of innocence and it highlights just how hard a case like this would be to fight. This is particularly true when the question isn’t whether there was sexual contact but simply one of consent. If this is the case for you or a loved one, you should contact a Minnesota Sex Crimes Attorney immediately.
In order to be found guilty of rape in Minnesota, there are a lot of elements that must be proven. Assuming that all parties are of a sufficient age for consent and assuming that sexual contact is not in question, the fundamental question comes down to whether both parties agreed to the sexual act. For questions about being under the influence as a lack of consent, click here for more. The purpose of this article is to look closer not so much at statements and witnesses but rather at the forensic evidence that may actually support the defense of consent itself.
“Here’s a hint. In many rape cases, it is the evidence that is found that may be most damning for the Defense. In Consent cases, it is often the lack of evidence that may be the most helpful.”
Initial Investigation by the Police - Clothing and More
During the initial investigation in a criminal sexual conduct case in Minnesota, besides talking to complaining and other witnesses, police officers should be collecting clothing worn, bedding, blankets and other evidence near the alleged “crime scene.” Without fail, their focus always seems to be DNA. They want identity. They will note everything in their report that supports sexual contact and therefore, rape. Well, in a Consent case, identity is not in question. However, what they frequently ignore is the lack of evidence supporting force and violence including:
NO rips in clothing
NO missing buttons
NO busted seams
NO stretched out elastic
NO blood
NO dirt
Let’s repeat: Notice that investigators, officers, and forensic crime labs will regularly ignore this evidence as it doesn’t support their rape allegation and therefore falls into the background. However, this is where an experienced Minnesota rape attorney can be worth their weight.
“An absence of evidence is not evidence of absence. The fact that there is nothing there can absolutely support the contention that the unwanted sexual contact never happened in the first place.”
Forensic Sexual Assault Examination
Trace Evidence
As part of a sexual assault investigation, the police will regularly take a complaining witness for a Forensic Sexual Assault Examination by a so-called SANE Nurse. SANE stands for Sexual Assault Nurse Examiner. Again, like in the police investigation, SANE nurses are looking for trace evidence - spit, hairs, fibers, fingerprints, biological evidence - blood and semen, etc.. Of course, these are part of their protocol and are really used to help determine identity. In a Consent case, hairs, fibers, fingerprints, semen etc. should be expected. Therefore, those pieces of evidence should be embraced and explained as part of consensual sexual contact. However, does that evidence support the theory of force and violence or a lack thereof?
“An experienced sex crimes lawyer should lean into this evidence. Don’t be afraid of it. It supports a consent defense.”
Physical Examination
While a SANE nurse is conducting a physical examination, they are also looking for injuries, bruising ligature makes, tearing, scrapes, and more. These are noted and sometimes even photographed as part of the documentation process to support a rape prosecution. In fact, while these may be missed, it is more likely that they will document every single thing they can find That being said, what they regularly fail to highlight includes:
No genital or anal injuries
No scratches
No bruising
No swelling
No redness
No abrasions
No bumps
No scratches
During testimony, SANE nurses will regularly focus on what the have found, especially genital or anal injuries. And yet, they will often overlook or even dismiss the lack of evidence as irrelevant and claim that it doesn’t matter. Frankly, you can’t have it both ways, either it is significant or it is not.
“A SANE Nurse can’t say an injury is absolute proof of sexual assault and then claim that a lack of injury is also proof of an assault.”
Go with the Best
Consent is an absolute defense to a rape charge in Miinnesta. Remember, rape is an extremely serious crime and Minnesota aggressively prosecutes these charges. Contemplate how you move forward as a sex offender. If you or a loved one is facing rape charges involving a consent defense, it is critical to have an experienced Sex Crimes Lawyer who has years of handling these kinds of cases. Jack Rice Defense has been handling these kinds of charges for decades and Jack is a Board Certified Criminal Law Specialist. Make sure you have him on your side. Contact for a free confidential consultation or call 651-447-7650 or 612-227-1339. Jack’s got your back.