Legal Question in Criminal Law in Minnesota

Is this a true statement based on Minnesota law??? I found it in an article written on

“Semen testing today is so refined that it can separate out female DNA in a rape or incest case, from male DNA, leaving no doubt, which the offending male was. The only time semen evidence is allowed, other than by hospital testing, or by an unbiased third party, is if an officer has collected the evidence at the crime scene following the correct collection procedures. Other than that, this testing is not acceptable by the courts.”

Asked on 10/02/18, 5:28 pm

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

If you examine how that quoted excerpt is worded, it appears to be a series of nonsense words put together to attract search engine traffic. For example, of course human DNA is easily distinguished by gender! But what relevance does that have to a rape case? Then suggesting people who could collect evidence, but it must be done properly to be admissible in a trial, is to say just about nothing at all. And none of it has to do with laws. If interested in DNA evidence in sex crimes cases there are numerous good sources of accurate information. Look to some of those.

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Answered on 10/02/18, 9:21 pm

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