Cardozo Journal of Equal Rights & Social Justice
Abstract
The note argues that limiting the collection of rape kit evidence in acquaintance rape cases could strike a balance between reducing victim trauma, conserving resources, and maintaining the integrity of the justice system. While DNA evidence is crucial in stranger rape cases, its utility in acquaintance rapes is limited since the central issue is often consent rather than identity. The analysis weighs the benefits of minimizing invasive exams and protecting victim privacy against the potential loss of probative evidence, ultimately suggesting that the benefits of selective collection outweigh the harms.
Disciplines
Constitutional Law | Criminal Law | Criminal Procedure | Evidence | Law | Law Enforcement and Corrections
Recommended Citation
Taylor Gamble,
Thinking Outside the Box: Limiting the Collection of Rape Kit Evidence in Acquaintance Rape Trials,
20
Cardozo J. Equal Rts. & Soc. Just.
743
(2014).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol20/iss3/8
Included in
Constitutional Law Commons, Criminal Law Commons, Criminal Procedure Commons, Evidence Commons, Law Enforcement and Corrections Commons