Yes, a sexual assault case can succeed without DNA evidence. DNA can be a very powerful piece of evidence that the accused had sex with the victim, but it is far from the only evidence a jury can use to decide whether the defendant is guilty beyond a reasonable doubt.
Please note: Greer Law handles sexual abuse claims against institutions and organizations that allowed the abuse to happen, such as schools, churches, youth programs, hotels, and employers. We do not take cases against an individual acting alone, such as a family member, spouse, partner, or acquaintance. If that describes your situation, the Colorado Coalition Against Sexual Assault and the National Sexual Assault Hotline at 800-656-4673 can connect you with support.
Marlo Greer was recently on Court TV discussing a criminal rape case involving an Irish firefighter visiting Boston. The woman testified that she woke up in a hotel room to the firefighter having sex with her. He denied it, and his defense argued that “no DNA,” meaning no DNA match to him, meant there wasn’t enough evidence to convict. In her video about this case, Marlo asked viewers whether they believe a woman can prove she was raped without DNA evidence.
Sexual Assault Without DNA Evidence
Keep in mind that someone who says they were raped faces several hurdles in coming forward. These include:
- Having to relive over and over again what was an extremely traumatic experience.
- Facing attempts by the defendant to adopt a “blame the victim” strategy, arguing that there was consent when there was none.
- Being judged by people for what they may have been wearing, how they were acting, who they were with, and the extent to which they may have consumed alcohol or drugs at the time it happened.
- Facing claims that they are lying if any small part of their testimony changes over time.
In other words, there is very little incentive for someone to claim they were raped when they were not.
Evidence Other Than DNA in the Criminal Case
Other evidence that can help a jury decide includes:
- The victim’s testimony. This can be a powerful piece of evidence on its own.
- Location records. Showing the victim was where she said she was at a certain date or time, supported by phone location data, for example, can bolster her testimony.
- Corroborating witnesses. Testimony from others who saw the victim and the defendant together can also provide support.
The demeanor of the victim and other witnesses can have a strong impact on a jury. A defendant is never required to testify at a criminal trial, because the burden is on the prosecution. But if the defendant does testify, what they say and how they say it can also strongly affect the jury.
In this criminal case, the Irish firefighter was convicted of rape, despite the lack of a DNA sample that would have definitely tied him to the victim. Defendants were being convicted of rape long before DNA became a useful evidentiary tool. No DNA does not mean the defendant walks away free. In many cases, other evidence supports the allegations.
How a Civil Sexual Assault Claim Differs
If you were sexually assaulted, you may be able to recover compensation from those responsible, even if your attacker was never charged or convicted. A civil case uses a lower burden of proof. Read What Evidence Is Needed for a Civil Sexual Assault Lawsuit? and Civil vs. Criminal Sexual Assault Cases in Colorado. For help with exam costs, see Free Sexual Assault Forensic Exams in Colorado.
We handle sexual assault damages claims, and we know it can be very hard to decide whether to bring this kind of lawsuit. We’ll answer your questions and give you the information you need to decide. Call Greer Law at 303-331-6460 or fill out our contact form to schedule a free case evaluation.
