The Importance of DNA in Sexual Assault Cases

When police officers and prosecutors investigate a case of sexual violence, DNA evidence can make or break the outcome. DNA evidence has become a routine part of investigating and prosecuting all types of crimes. It is often an important tool in achieving justice for those who have experienced any form of sexual violence.

What’s the benefit of having a sexual assault forensic exam?

• Increases the probability of identifying the aggressor. Analysis of DNA evidence allows forensics to compare the perpetrator's profile with information from the National DNA Database, which contains thousands of profiles. Thus, in the National Register of Sexual Offenders, the person in question can be identified much more easily.
• Increases the probability that the perpetrator will be criminally liable for his actions. If the state files a complaint against the perpetrator, it will most likely be the DNA evidence that will lead to his conviction. Many cases of sexual violence are based only on the testimony of victims or witnesses. DNA evidence helps build a stronger case against the perpetrator.
• Prevents future sexual assaults from occurring. Perpetrators of violence tend to be serial criminals, and sexual violence tends to be a serial crime. When you agree to a sexual assault forensic exam after a case of sexual violence, you increase the chances of taking the perpetrator off the streets and preventing any future instances of sexual violence. Even if the perpetrator is not prosecuted, their DNA will be added to the database, making it easier to be connect the perpetrator to a crime in the future.

What is DNA?

DNA is the material found in cells that determines characteristics such as eye, hair, and skin color. Each person’s DNA is different, except for identical twins. This means that DNA can be used to accurately identify a perpetrator, similar to the way we use fingerprints. DNA evidence can be collected from blood, saliva, sweat, urine, skin tissue, and semen. That’s why it’s important to try to avoid bathing, cleaning your fingernails, or urinating until after a sexual assault forensic exam has been performed.

Where can DNA evidence be found?

Criminal investigators may look for DNA evidence at locations that are relevant to the case, such as the scene where the assault took place. Also, DNA evidence can also be collected from the body and clothes of the person who survived the assault during sexual assault forensic exam. The forensic examination is performed by a forensic medicine doctor assisted by a medical assistant. In addition, DNA may also be collected from anyone who was known to have been at the crime scene, including the responding officer, any witnesses, as well as anyone you may have had consensual intercourse with in the 72 hours prior.

What happens to DNA evidence?

Once DNA is collected, there is a protocol for how the evidence is stored and used in an investigation. The evidence will be analyzed in a laboratory and the DNA profiles specific to each person will be identified. If the perpetrator is unknown, his DNA profile will be searched in the database. This way, they can identify suspects that the victim doesn’t know or isn’t familiar with.

How long will the evidence be stored?

The forensic physician will inform you verbally and also write in the medical forensic certificate the storage period of the DNA evidence collected during the examination. Currently, this interval is one year, due to limited storage spaces.

It is important to know that:

• The period of time in which DNA evidence can be kept is not the same as the period in which legal actions can be taken to accuse the aggressor;
• The Romanian Parliament adopted in the meeting of 28.06.2023 substantial changes regarding sexual offenses with minor victims. Law 217/2023 was promulgated by the President on 10.07.2023, it was published in Monitorul Oficial no. 634 of 11.07.2023 and will enter into force on 01.01.2024. Thus, the crimes of rape, rape of a minor, sexual assault and sexual assault of a minor become non-prescriptive (so the statute of limitations does not remove criminal liability), and they can be investigated without a time limit.

Legal Disclaimer

The Association for Victims of Sexual Crimes website provides general information that is intended, but not guaranteed, to be correct and up-to-date. The information is not presented as a source of legal advice. You should not rely, for legal advice, on statements or representations made within the website or by any externally referenced Internet sites. If you need legal advice upon which you intend to rely in the course of your legal affairs, consult a competent, independent attorney. The Association for Victims of Sexual Crimes does not assume any responsibility for actions or non-actions taken by people who have visited this site, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed.

If you want to talk about sexual violence with a professional ready to help, send an email to: help@asistentavictime.ro