DNA and the Duke University Rape Cases

April 20, 2006

A few weeks ago, a female stripper said three members of the Duke University (North Carolina) lacrosse team raped her at a party. While it was an unwise move to attend such a party, no one deserves to be physically assaulted whether dressed or naked.

Immediately, members of the university community decried the fact that white men raped a black woman and would probably get away with it. They immediately used the race card when they should not have.  The response from defense attorneys and others was equally harsh. They said there was little or no evidence to positively link the accused to the woman who must obviously be a racist.

About two weeks after the protests, DNA tests of all the team members except the lone black member, were completed and showed the three accused men were not linked to the DNA from alleged victim.  

Immediately, there were even more emotional outbursts from both sides.  The DA said he was unmoved by the DNA test results and would forward his evidence to the grand jury for possible indictments.  The victim's supporters rallied and cheered but her opponents dismissively pointed the grand jury rarely turned away requests for indictments.

Within days, indictments were issued and two men arrested.

For many, the DA was disregarding the DNA evidence but it is his right.  Legally, a rape can occur without leaving a DNA trace. Only the slightest penetration of a person is necessary for a rape to legally occur. Semen is not necessary to prove rape.

Of course the defense attorneys will use the DNA tests to cast doubt on the DA’s case. They would be foolish not too, but there better have more than that.

The point is:  There were body fluids in or on the woman and they did not match the accused or presumably any of the white team members. The DA must explain this.  After all, someone deposited the fluids and a jury will definitely want to know who.  If they are not told, there will be even more doubt raised in their minds.

The DA must find the DNA’s owner.

The DNA could come from untested black team member or an unknown male in the house. The woman could have been raped by the three accused and by one other man she does not remember or by none at all, as many believe.

Using DNA test results as evidence requires complete testing of anyone potentially a suspect. If not, the case will be lost and support two allegations: The black woman is a racist and accused the men because they were white and the DA will use a high profile case such as this to get re-elected.

Neither is beneficial for justice. Cases must be prosecuted on the facts and science and not on racism and emotions from any side.