We all could benefit, in this thread, from a greater understanding of police procedure and DNA evidence. I am by no means an expert (although I play one at parties), but suggest that there is grist here for a GQ thread.
First: when a woman claims to have been raped, the hospital generally does what’s called a Rape Kit. (Why is it called a rape kit? Well, because a gentlemanwho processed the rape evidence was annoyed that he didn’t always get everything he needed, so he put together a little box with all the swabs and samples, etc., so that whoever had to collect evidence from the rape victim would know what to get.)
That rape kit includes taking swabs. Those swabs are then sent to a lab and tested. Before they are tested, it can be difficult, if not impossible, to tell whether there is foreign DNA on them. (As has already been pointed out, the victim’s DNA will be there.) In some cases, you can tell (i.e., by the presence of semen) that there darn well ought to be foreign DNA. In other instances, perhaps where the man used a condom, you will not be able to tell in advance whether there is DNA.
Now, in this case, it appears that the victim reported the attack. It’s unclear (and I don’t feel like looking) how long after the attack she reported, and whether she showered or douched in the interim. I think that it does not require any stretch of the imagination to understand why the victim’s first impulse is to try to get clean. This is, from a prosecutor’s standpoint, the wrong impulse, because it can wash away evidence.
So, in this instance, a woman claims to have been raped, and identifies three white men as her attackers. It is interesting to me, given that we’re talking about members of a sports team for which there must be multiple photographs, why there hasn’t been discussion about whether she identified anyone by photo. (Photo lineups, unlike in-person lineups, can be conducted without the presence of the defendants’ attorney.) Of course, cross-racial identification is difficult, plus I don’t know anything about the attack (lighting, how long she saw them, etc.), so coupled with the trauma of an attack, and how different a man can look when he’s smiling in a photo, I don’t doubt that it could be reasonable that she can’t identify a picture.
Now, after DNA samples have been taken, the defendants’ attorneys have come out with some curious comments. First, they have said that no DNA was found “on her body.” I wonder what they mean by that? One could make the argument that if DNA had been found on a fingernail that broke off, that’s not “on her body” and the attorney believes he can adequately explain that.
The other interesting comment is the “experts will tell you” that you ought to find latex or lube evidence. I am intrigued by that statement, because I’ve encountered some “experts” before. I have no way of knowing whether that’s a mainstream view or not. I also suspect that, if the victim washed before reporting, that would get rid of some of that evidence.
All in all, I don’t believe that this is the end of the story. I agree that we have far, far too little to go on to entirely discount her story yet. But who knows how this will develop?