Gonzalez & Waddington, Attorneys at Law defend service members accused of Article 120 sexual assault and Article 120c indecent conduct worldwide. In many cases, prosecutors rely on DNA evidence and Sexual Assault Nurse Examiner (SANE) reports to support allegations. This guide explains how DNA and SANE exams are used in military trials—and how the defense can challenge them effectively.

DNA in Sexual Assault Cases: What It Really Proves

• Presence ≠ assault: DNA can show contact but does not prove consent or coercion.
• Absence ≠ innocence: Lack of DNA doesn’t prove an assault didn’t occur—especially with condom use or delayed reporting.
• Transfer issues: Secondary transfer (e.g., touching clothes, bedding, or shared spaces) can explain DNA presence.
• Mixtures & partial profiles: Mixed DNA samples are common and often inconclusive.
• Lab limitations: Contamination, chain-of-custody problems, and analyst error can undermine reliability.

SANE Exams: What They Do and Don’t Show

• Purpose: SANEs collect DNA, document injuries, and provide medical treatment.
• No injury ≠ no assault: Many sexual assaults leave no visible injury.
• Injury ≠ assault: Consensual intercourse can cause the same findings as non-consensual contact.
• Subjective conclusions: SANEs sometimes testify beyond their expertise—blurring medical observation with legal conclusions.
• Documentation gaps: Missing photos, unclear notes, or incomplete collection weaken reliability.

How Prosecutors Use DNA and SANE Evidence

• To corroborate accuser testimony by showing physical contact occurred.
• To explain behavior through “trauma-consistent” injury patterns.
• To bolster credibility where there is no direct eyewitness evidence.
• To preempt defense arguments that the case is “just words.”

Defense Strategies to Counter DNA and SANE Evidence

• Expert witnesses: Retain forensic DNA experts and medical professionals to critique methodology.
• Chain of custody: Scrutinize every handoff for errors that could contaminate or compromise samples.
• Alternative explanations: Show consensual contact or secondary transfer as reasons for DNA presence.
• Medical science: Use literature to prove injuries occur in consensual sex as often as in assaults.
• Cross-exam limits: Confine SANEs to their actual expertise—collection and observation, not causation.

Cross-Examination Targets

SANE Nurses

• Training hours, certifications, and limitations of expertise.
• Whether injury/no injury alone can determine consent (it cannot).
• Documentation errors, missing photos, or inconsistent findings.

Forensic Analysts

• Contamination safeguards and lab accreditation.
• Confidence levels for matches—statistics vs. absolutes.
• Partial profiles and mixtures—how inconclusive results were reported.

Common Defense Mistakes with DNA and SANE Evidence

• Assuming DNA automatically proves guilt without exploring consent.
• Failing to retain independent experts to challenge government science.
• Allowing SANEs to testify as if they are assault investigators.
• Overlooking chain-of-custody errors or contamination risks.
• Not educating the panel on the limits of forensic evidence.

Defense Framework Against DNA & SANE Evidence

1. Consent Theory:
   - Admit contact may have occurred, but prove it was consensual.

2. Science Limitations:
   - No injury ≠ no assault; injury ≠ assault.
   - DNA presence ≠ coercion.

3. Expert Testimony:
   - Use forensic scientists and medical doctors to challenge reliability.

4. Cross-Examination:
   - Lock SANEs and analysts into concessions about limitations.

5. Closing:
   - Hammer reasonable doubt: “Science doesn’t tell you what happened. It only tells you that something happened.”

Video: DNA & SANE Evidence in Military Trials

We Fight Science With Science

The government often oversells DNA and SANE evidence. We use independent experts and strategic cross-examination to expose the limits of forensic findings and protect our clients from wrongful convictions.

Gonzalez & Waddington — ucmjdefense.com — 1-800-921-8607

FAQs: DNA & SANE in Article 120 Cases