Can a Sex Crime Case Be Dismissed Without DNA Evidence? Combs Waterkotte attorneys Christopher Combs and Joshua Boardman discuss everything you need to know about Illinois sex crime charges, including sexual assault, sexual abuse, rape, and more.
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Interview Transcript
Scott Michael Dunn: Can a sex crime case be dismissed without DNA evidence?
Joshua Boardman: Yes, and it happens in many dismissals. Because you have to recall that DNA evidence is not going to be critical evidence in every single case. Only a handful or a collection of cases are actually going to have DNA evidence present. So, if there are grounds for dismissal based on inconsistent statements or the alleged victim or witness recanted their statement or there’s an affirmative defense of an alibi or consent or whatever the defense may be that resulted in the state’s attorney dismissing that charge for whatever motivation the state’s attorney dismissed it, it absolutely can be done without DNA evidence.
Christopher Combs: And I don’t know if you would agree, Josh, but at least I think with the most sex cases that we see, we don’t see DNA in many of our sex cases. Now, of course, DNA is evidence in some of them, but we handle hundreds and hundreds of sex cases each year. And I would say it’s few and far between that DNA is involved in a sex case. Would you agree?
Boardman: I would agree. That’s often not the critical piece of evidence that is being evaluated. Often times it is—
Combs: The allegation.
Boardman: The allegation itself.
