How Important is DNA Evidence in Sex Crime Cases? Attorneys Christopher Combs and Joshua Boardman from Combs Waterkotte 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: How important is DNA evidence in sex crime cases?
Christopher Combs: Well, I would say that it is critical. Obviously, as Josh had mentioned before, it can be a silver bullet for the state’s attorney or assistant state’s attorney. However, we recently had a case where DNA was on the genitals of the alleged victim and we were able to secure an acquittal based upon how it was collected, how it was tested, so it’s critical that you get an expert, someone who knows about the DNA collection process and preservation and things of that nature. And that was what Josh had alluded to earlier. That was a nasty family law case where because one parent wanted custody, they lobbied an accusation that the husband was having inappropriate sexual contact with one of the children. And again, we were able to secure an acquittal. So it’s not always a silver bullet and I’ll let Josh expound on that a little bit, DNA, I guess the important…
Joshua Boardman: The important considerations would be one, the custody and control of how that DNA was collected. Was it done in a way that was in accordance with medical and scientific standards? Is there any part of that collection process that we can push back on as not being credible, not being reliable, not being the standard of care? Do they have the ability to bring that into evidence and prove that up through expert testimony? So, the existence itself is not necessarily a make or break. Does it make a case stronger? Does it create one more hurdle on the defense side? Absolutely. But, it doesn’t have to be a death knell for a defense.
