Elimination Samples

Results of the analysis may not be dispositive unless both the defendant and all consensual sexual partners and codefendants are eliminated as a source of the evidence.

Determine whether additional samples/standards need to be collected from the victim, from the victim's relatives, from other consensual sex partners, from third parties, or from coperpetrators. If the inmate claims he did not have sex with the victim, and there is no contention that third parties were involved, then a nonmatch of the inmate's DNA type to the semen DNA type may be dispositive without the need to collect additional reference/elimination samples. If, however, the victim claims to have had consensual sex with a third party, or claims to have been raped by more than one person, there may be a need to collect reference blood or buccal (swabs of the inside of the cheek) standards from each sex partner for elimination purposes.

Before ordering or agreeing to testing, consider whether an attempt should be made to get standard samples of all parties who may logically have contributed to the relevant biological sample. If victims or surviving family members must be contacted, do so through the local Victim/Witness Advocacy Program, if available. With most current testing methods, including all types of PCR-based testing, there is no need to bother victims and others until the defendant's standard has been tested and does not match the evidentiary sample. Issues to consider are: 1) not interfering with the feeling of finality for the victim, and 2) what delay in the process will be caused by waiting for "elimination" standards.

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