Understanding the Limitations of DNA Evidence in Sexual Assault Cases
Sexual assault evidence is often very complex, yet the way we see it reported by Government Service providers is very factual and often does not disclose the limitations of the evidence.
This lack of disclosure may present the evidence in a misleading manner, which means the judge or jury may overestimate the strength of the evidence.
Did You Know?
There is published scientific evidence stating that the methods used to collect Sexual Assault Kit (SAIK) or Medical Examination Kit (MEK) samples dislocate material. That is, material is dragged further into the vagina. This has significant implications for any inferences about how that material was deposited.
It has been deemed that this dislocation occurs in:
- 63-87% of cases when a swab alone is used to collect the samples
- 100% of cases when a speculum is used
If you have a matter where small amounts of sperm or trace DNA have been located and that DNA matches your client, please contact me so I can help you disclose the limitations of this evidence to the court and equip you to challenge it appropriately.
Testimonial
“As the largest criminal legal practice in the Northern Territory, our service is reliant upon being able to access expertise quickly and of the highest calibre for our clients. Jae Gerhard is the expert I turn to for assistance on complex DNA cases, and she has always been accessible, professional, and able to explain complex information in a manner I can understand, and then make my clients understand. I highly recommend her and her team, you can be reassured you will be dealing with the best experts in this area.”
– Tania M Collins, General Counsel, North Australian Aboriginal Justice Agency
Independent Forensic Services
Independent Forensic Services will disclose the limitations of biological evidence and equip you with the knowledge and expertise needed to ensure a fair trial for your client(s).
With years of experience in forensic DNA analysis, our experts have a track record of success in challenging DNA evidence and achieving favourable outcomes for our clients.
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We’re passionate about ensuring forensic biology and DNA evidence is presented to the courts in an impartial, yet comprehensive manner, and that potentially misleading evidence isn’t relied upon. We also want our clients to understand the strengths and limitations of forensic evidence in their cases.
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An Expert Team Lead by Jae Gerhard
Jae Gerhard is a Forensic DNA Expert and the Principal Forensic Scientist at Independent Forensic Services, bringing over two decades of frontline experience in forensic biology. She has worked on some of Australia’s most complex and high‑profile cases with the Australian Federal Police and New South Wales Police, as well as international disaster victim identification operations in Bali and Thailand.
Specialising in DNA analysis, STRmix™, biological fluid examination, and bloodstain pattern interpretation, Jae now works independently with criminal defence teams to review and challenge forensic evidence. Her mission is simple: to ensure the science presented in court is accurate, balanced, and truly understood.