Duke rape: Accuser's Boyfriend is Single Source of DNA on Vaginal Swab

[Karmadillo]

http://www.abcnews.go.com/US/LegalCenter/story?id=1958031&page=1

May 13, 2006 — The second round of DNA test results in the Duke University rape investigation show "no conclusive match'' to any lacrosse players, defense attorneys said, but a vaginal swab of the alleged rape victim produced DNA from a "single male source'' — a man not on the lacrosse team who did not attend a March 13 party that was the site of the alleged rape.

Defense attorney Joe Chesire declined to identify the mystery man or his connection to the alleged victim, but ABC News' Law and Justice Unit has learned that the unnamed source of the DNA is the alleged victim's "boyfriend," according to her mother.

ABC News is withholding the name of the man because he is apparently not a target of the investigation. Records indicate that Durham, N.C., police gave the "boyfriend'' a cheek swab to collect DNA on May 3, ABC News' Law and Justice Unit has learned exclusively.

It is unclear if or how the first DNA tests missed what appears to be the only foreign genetic material found on the alleged victim's body, defense attorneys said. Two Duke lacrosse players were indicted more than two weeks before the cheek swab was taken from the "boyfriend."

more...

[electropop]

1. Oh, boy, not cool.

I'm no fan of asshole athletes, but they do enough bad stuff for real, that there's no need to make shit up about them.

[China_cat]

6. Leave the athletes out of it

A woman making a false accusation of rape makes it not just harder, but almost impossible, for a woman who HAS been raped to put the rapist behind bars.

Damaging reputations is an inconvenience...allowing rapists to walk the streets is a danger to every woman alive. And that it will happen because of another woman is an outrage.

[dsc]

7. an inconvenience? Do you have any clue what happens

to guys in jail?

[China_cat]

9. Those guys weren't in lock up long enough

I'm not talking about guys put away for years on false charges, that's a different thing and one that I would like to see DNA testing be MANDATORY for by the prosecution...not just by a defense when they can afford it. I'm talking about these specific athletes. They got their reputations a bit dirtied. Hell, it'll just make them seem like bigger men on campus.

[jberryhill]

12. That's why this story was pimped by the media....

...but some haven't figured that out yet.

[treestar]

18. What is so hard about convincing people that one person

stating a falsehood does not mean that all persons in similar situations are also stating falsehoods?

Are the sheeple really this dumb? Your statement indicates you believe the majority of jurors can't think.

Americans do think very little but this would not seem hard. Every case is a different, new case before the law. Every accused deserves the same hearing and the same initial presumption of innocence, regardless of the past.

[China_cat]

19. If it would get to a jury, it would be a different

story. But every woman who makes a false rape report means that at least 10 men who actually did rape will never even be arrested. The majority of rape accusations are still dismissed by the police as 'unfounded' unless the woman is half dead when she makes the report.

It's hard enough for a woman even when she has enough physical evidence to fill a book to get authorities to take her seriously, then she has to justify ever having had sex with anyone at any time before the rape in order to even have a shot at a trial.

[treestar]

20. Each case is independent though. Not being naive about the police

in theory they must investigate each new case without assumptions based on statistics.

[China_cat]

22. Yep, that's the THEORY

Try getting raped and you'll find out what the practice is.

[xchrom]

2. excuse me -- i'm passing through -- pardon me --

:popcorn: :hide: :popcorn:

[timber84]

3. You spilled some popcorn, need a coke to go with that?

[xchrom]

4. oops! sorry --

i can't stay long -- but yes a coke would be nice.

[timber84]

5. Sure I'll have it ready for you on the next thread, lot's of ice or none?

[SoCalDem]

17. Classic or ?

:evilgrin:

[OPERATIONMINDCRIME]

8. This Case Is Sinking Faster Than Shrubby's Poll Numbers

I'm still keeping an open mind at this point as there is still no way to know for certain if she is or isn't making this all up, but I must say putting everything released to the public so far this case is not looking good for the prosecution whatsoever. They have one hell of a climb to reach a level of beyond reasonable doubt in front of a jury, cause right now there is so much doubt there isn't a jury in the world that would convict on what's been presented so far. If they have any chance at all, they better have some rock solid incontrovertible evidence we don't know about yet.

[Mountainman]

10. I thought the case was already settled. Some are sure the team is guilty

some are sure the woman is lying and the rest of us don't give a shit.

[OPERATIONMINDCRIME]

14. Obviously Some Of Us Care About The Truth.

Don't leave them out, me included. There are many being objective and calling it as they see it, while leaving their minds open to either side of the story in an effort to just learn the truth of the matter.

[0007]

11. What can ya say?

[Kingshakabobo]

13. Ooopsie.

So, would this be the reason the SANE report says "consistent with" rape? What do they look for? Trauma or evidence of sex?

[Pastiche423]

15. Trauma

I know.I've been there. While no DNA was captured in my rape, it was clear to the physicians that used the rape kit, I had been raped.

[TorchTheWitch]

16. A whole lot of nothing

So basically what's being said in this article is that this means a whole lot of nothing. Hardly surprising that DNA evidence could be found of a boyfriend she has sex with, and whether or not that is who the match identifies is questionable since that informatin comes from the defense.

However, I do find it interesting that the defense says there was no "conclusive" evidence of a DNA match of the vaginal swab to any of the players. That sounds like there may have been a partial match. Otherwise, they just would have said there was no DNA evidence matching a player whatsoever (just as they said after the first round of DNA testing).

And the defense not wanting to release the report to protect the identity of the boyfriend? Hogwash. They could redact that part (if that part even exists).

No statements from the attorneys of the accused is also a bit curious. But, it is the weekend so I suppose no statements yet from those attorneys is plausible... odd but plausible.

[BrownOak]

21. The whole "no conclusive match" thing

I don't believe Cheshire was referring to just the vaginal swab results, but all DNA results including the partial match on the fingernail. At least, in the articles I've read it appears that way.

[Karmadillo]

23. Actually, the DNA from the vaginal swab is apparently conclusively linked

to the boyfriend, according to ABC news. The partial match refers to DNA found on one of the fingernails taken from a trashcan (assuming previous reports are credible).