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Use of Scientific Evidence in Rape Prosecutions

NCJ Number
99547
Journal
University of Richmond Law Review Volume: 18 Issue: 4 Dated: (Summer 1984) Pages: 851-873
Author(s)
J T Tucker
Date Published
1984
Length
23 pages
Annotation
This paper describes the uses of scientific evidence to establish the basic elements of a rape case: lack of consent, penetration, and identification of the assailant.
Abstract
Proof of lack of consent can be established through physical evidence obtained from medical examination of the victim that shows the use of force on the victim's body. Psychological evidence can also establish lack of consent by demonstrating victim stress reactions and symptoms of the rape trauma syndrome. Proof of penetration can be established through a number of means, including evidence of pregnancy and venereal disease; lacerations within the vagina; the use of a lubricant by the assailant; and the presence of sperm within the vagina, which can be established by a number of procedures that detect the presence of semen substances. An assailant can be identified through procedures that determine blood and semen types, saliva and hair characteristics, fingerprints, bite marks, fibers, fingernail scrapings, allergies, and venereal disease. Other investigative aids are the polygraph, hypnosis, narcoanalysis, and psychological stress evaluation. A total of 153 footnotes are listed.