When someone is accused of a sex crime in North Carolina, forensic evidence often plays a central role in the prosecution’s case. Two of the most common types of evidence are SANE (Sexual Assault Nurse Examiner) exams and DNA testing. Prosecutors rely on these scientific findings to argue guilt, but these tests are not infallible. Mistakes in collection, handling, interpretation, or presentation can lead to wrongful convictions.
At Martine Law, we understand how powerful forensic evidence can seem to a jury, and how misleading it can be when the science is flawed or incomplete. Our attorneys work with forensic experts to challenge improper testing, uncover bias, and expose weaknesses in the state’s case.
If you or someone you love has been accused of a sexual offense, understanding how SANE exams and DNA evidence are used, and how they can be challenged, can make a life-changing difference.
What Is a SANE Exam?
A SANE exam is a forensic medical evaluation conducted by a specially trained nurse following a report of sexual assault. The purpose is to:
- Provide medical care and document injuries.
- Collect potential evidence such as DNA, clothing fibers, or bodily fluids.
- Record statements made by the alleged victim.
In North Carolina, SANE programs follow national protocols but are overseen locally, often in coordination with law enforcement and prosecutors. You can learn more through the North Carolina Coalition Against Sexual Assault (NCCASA) and the North Carolina Department of Health and Human Services.
While SANEs play an important role in supporting victims, their reports are not immune to error. Courts treat them as both medical and forensic documents, and every step—from evidence collection to testimony—can be scrutinized by the defense.
Common Issues in SANE Exams
SANE reports can contain critical inconsistencies or assumptions that unfairly influence juries. Common problems include:
- Improper evidence collection or preservation – DNA samples may be contaminated or degraded if not stored correctly.
- Bias or lack of objectivity – Nurses sometimes include subjective observations or assume guilt when documenting findings.
- Inaccurate timing or injury interpretation – Minor or unrelated injuries may be mischaracterized as signs of assault.
- Chain of custody errors – Gaps in documentation may call into question who handled the evidence and when.
- Overreliance on absence of injuries – Some nurses may state that lack of visible trauma “is consistent with” assault, which is misleading since many consensual encounters also leave no injury.
Defense attorneys can challenge these findings by cross-examining the nurse examiner, reviewing medical protocols, and calling their own forensic medical experts to highlight flaws or alternative explanations.
How DNA Evidence Is Collected and Used
DNA evidence is one of the most persuasive forms of forensic proof, but it is not always conclusive. In North Carolina, DNA samples may be collected from:
- SANE kits (swabs from the body or clothing).
- Items at the alleged crime scene.
- Law enforcement evidence collection (such as bedding, condoms, or personal items).
Once collected, the samples are analyzed at the North Carolina State Crime Lab, which generates a DNA profile and compares it to profiles in law enforcement databases such as CODIS (Combined DNA Index System).
If the DNA matches a suspect, prosecutors often present it as definitive proof of involvement. But that conclusion can be misleading; a match doesn’t prove guilt, it only suggests contact or presence, which may have an innocent explanation.
Weaknesses and Errors in DNA Evidence
Even though DNA testing is highly sophisticated, mistakes still occur at multiple stages:
- Contamination: DNA can be transferred through shared surfaces, clothing, or even airborne particles.
- Secondary transfer: Someone’s DNA can appear on evidence without direct contact (for example, through a shared object).
- Lab errors: Mislabeling, sample mix-ups, or analyst mistakes can lead to false matches.
- Partial or mixed DNA profiles: In cases with multiple contributors, results may be inconclusive or incorrectly interpreted.
- Statistical misrepresentation: Prosecutors sometimes exaggerate the likelihood that a match proves guilt.
A skilled defense team can use these weaknesses to create reasonable doubt and prevent unreliable science from determining a verdict.
Strategies to Challenge SANE and DNA Evidence
Defense attorneys in North Carolina use several proven strategies to expose flaws in forensic evidence:
- Questioning the Chain of Custody
Every sample must be carefully tracked from collection to analysis. If there are missing signatures, improper storage, or unexplained transfers, the court may exclude the evidence entirely. - Cross-Examining the SANE Nurse or Forensic Analyst
Expert witnesses can be challenged on their training, methods, and conclusions. For example, a nurse’s claim that injuries are “consistent with assault” can be shown to be speculative or medically unsupported. - Consulting Independent Experts
Defense teams often bring in private forensic scientists to reexamine DNA results or medical findings. Independent analysis frequently reveals inconsistencies or alternative explanations. - Highlighting Consent and Context
Even if DNA confirms sexual contact, it doesn’t prove that the act was non-consensual. The defense can focus on messages, timing, and relationship history to show mutual consent. - Filing Motions to Suppress Evidence
If police obtained samples or statements through illegal searches, coercion, or Miranda violations, defense counsel can seek to have that evidence excluded from trial. - Educating the Jury
Jurors often view DNA as infallible. Defense attorneys can use expert testimony and cross-examination to show that science is complex and prone to human error.
Case Example: When DNA Isn’t the Whole Story
In some North Carolina cases, DNA evidence confirmed that sexual contact occurred—but failed to establish that it was a crime. In these instances, text messages, witness statements, and behavioral evidence revealed consent, leading to reduced charges or acquittal.
At Martine Law, we’ve seen how juries can be swayed by scientific evidence that looks convincing on paper but falls apart under scrutiny.
Why Legal Representation Is Critical
Forensic evidence is only as reliable as the people who handle it. Without a knowledgeable defense attorney, crucial mistakes in SANE exams or DNA testing can go unchallenged.
Our team at Martine Law:
- Reviews every report, lab note, and chain of custody record for inconsistencies.
- Works with independent forensic experts to reinterpret test results.
- Files motions to exclude tainted or improperly obtained evidence.
- Builds a comprehensive defense that tells your full story—not just the state’s version.
If you’ve been accused of a sex crime in North Carolina, your future depends on how well your defense challenges the evidence against you.
Contact Martine Law today for a confidential consultation. We’ll help you understand your options, protect your rights, and fight for your freedom.