SANE Examinations in Minnesota Sex Offense Cases
Minnesota Sex Offense Lawyers: How Sexual Assault Nurse Examinations (SANE) are Used in Criminal Sexual Conduct Cases
Summary of Key Points
- SANE: Head‑to‑toe exams of the complaining witness. A Sexual Assault Nurse Examination is performed on the person alleging sexual assault. The nurse takes a history, conducts a physical exam, documents injuries, takes photographs and collects swabs or clothing for DNA and toxicology testing affect the amount and quality of evidence collected.
- Evidence can be collected even when there are no visible injuries. Forensic nurses use special light sources and other techniques to detect hidden bruising or strangulation injuries. Many complaining witnesses suffer no physical injuries, and injuries heal quickly, so absence of injury does not necessarily help the defense.
- The exam gathers biological and trace evidence. Nurses swab body areas and collect clothing for potential DNA or bodily fluids. DNA evidence can confirm that sexual contact occurred and identify an unknown individual, but it cannot determine whether the contact was consensual. When the accused and accuser know one another, DNA only shows they had contact; testimony about force or coercion becomes critical.
- A SANE exam cannot prove that an assault happened or who consented. The exam may provide evidence that is used in court, but it cannot determine whether an assault occurred. It cannot pinpoint the time of the encounter or the number of participants. It cannot conclusively determine whether someone consented to an encounter or not.
- Timing and participation matter. Kits must be collected within days (often within five days) of the alleged assault. Delays degrade DNA and allow injuries to possibly heal without being detected. Because the exam is voluntary and does not require a police report, the complaining witness may delay or decline to participate, which can affect the prosecution’s case.
- Experienced sex offense lawyers challenge SANE evidence. The sex offense lawyers at Lundgren & Johnson understand that SANE exams are human processes prone to error. Our lawyers cross‑examine forensic nurses about their training, protocol deviations, documentation and chain‑of‑custody issues. We also hire independent experts to explain shortcomings in the exam, errors that were made, and highlight the limitations of any findings that were made by the examiner.
Understanding sexual assault nurse examinations
A sexual assault nurse examination, often called a sexual assault forensic exam, medical forensic exam or “rape kit,” is a specialized medical and forensic process for people who allege sexual violence. In Minnesota, the examinations are performed by registered nurses with additional training in trauma care. Hospitals sometimes refer to these nurses as Sexual Assault Nurse Examiners (SANEs) or forensic nurses. The examinations serve two main purposes:
- Tend to the complaining witness’s medical needs.
- Collect and preserve physical evidence and statements that may later be used by law enforcement and prosecutors in a criminal case.
Components of a SANE exam
- Informed consent and control of the complaining witness – The exam is voluntary. A forensic nurse will explain each component and the complaining witness can agree to all, some or none of them. The person may bring a support person to the hospital, but that support person typically cannot be present in the exam room to avoid contamination of evidence. The decision to decline certain parts of the exam can affect what evidence is collected.
- Medical history and narrative – The nurse asks the complaining witness to describe what happened and takes a medical history. This narrative guides which body areas to swab and what injuries or exposures to look for. Sex offense lawyers may later compare this narrative with statements to police to highlight inconsistencies.
- Physical examination – The nurse performs a head‑to‑toe physical exam and may conduct genital or anal exams using a speculum or anoscope. Visible injuries are documented on body diagrams and by taking photographs; however, visible injuries are not always present, and many complaining witnesses have no physical trauma. Nurses also look for hidden injuries using alternate light sources or other tools such as dyes. Sex offense lawyers often point out that the presence or absence of injuries does not prove whether an assault occurred or was consensual. Moreover, experienced defense lawyers are able to compare the specific allegations alleged by the complaining witnesses with the findings of the exam to make arguments about whether the allegations align with the physical evidence collected.
- Evidence collection – Nurses swab the mouth, genitals, anus and other body areas for semen, saliva, blood or trace evidence and may collect items such as clothing, condoms, tampons or bed sheets. Swabs are dried and placed in labeled containers as part of a sexual assault evidence collection kit. Many law enforcement agency policies note that the kit must be collected within about 120 hours of the assault to preserve DNA. Nurses also may take toxicology samples (blood or urine) when drug or alcohol facilitated assault is suspected.
- Medical treatment and referrals – A nurse may administer prophylactic medications to prevent sexually transmitted infections and pregnancy and address any immediate injuries or trauma. Referrals are offered for advocacy and follow‑up care.
- Documentation and chain of custody – Detailed notes, photographs and body diagrams are completed. Evidence is packaged, labelled and sealed. Kits sent to a crime laboratory are tracked through a chain‑of‑custody to preserve integrity. In Minnesota, an “unrestricted” kit (where the complaining witness reports to police) is sent to the Bureau of Criminal Apprehension for testing; a “restricted” kit (where the witness does not yet report) is stored anonymously for a period of time. A restricted kit may not be immediately available to law enforcement or to the defense, and delays can impact DNA degradation or the accuracy of recollections.
Who may request an examination
Forensic exam services are generally available to anyone alleging sexual assault, regardless of gender, immigration status or income. In Minnesota, exams can be performed at many hospitals up to seven days (and sometimes ten days) after an alleged assault; earlier exams generally capture more evidence. People do not have to report to law enforcement to receive a SANE exam, and the exam is free (though follow‑up medical care may generate separate bills). For defendants, this means that the complaining witness may obtain an exam without police involvement, and evidence may be preserved before a defendant is ever contacted by law enforcement.
How SANE examinations are used in criminal investigations
The evidence collected during a SANE exam can be important in a criminal investigation. Nurses swab body areas for DNA, collect hair and clothing, and document injuries. The DNA profile can be compared against suspects or databases to help identify an unknown assailant. The national protocol notes that DNA is especially critical in stranger‑perpetrated assaults, whereas in cases where the complaining witness and accused know each other, DNA may primarily corroborate the complaining witness’s story that sexual contact occurred. When the accused asserts that sex was consensual, DNA evidence can support that contact occurred. Documentation of force or coercion becomes more important in those circumstances.
However, SANE evidence has limits. A DNA match identifies the potential source of DNA, but says nothing about guilt or innocence; it cannot determine consent. Additionally, the presence of DNA can sometimes be explained through secondary DNA transfer. In other words, the presence of semen, saliva, or touch DNA only supports a finding of physical contact, it does not definitively prove it. It also does not prove that the contact was forced or that it occurred at a specific time.
Documentation of injuries may help corroborate force or the use of a weapon, but some complaining witnesses have no injuries. The exam also cannot accurately determine the number of participants or the severity of the alleged encounter; it merely records physical findings. Other evidence, such as witness accounts, digital footprints, communications, and forensic toxicology, must be considered.
Timeliness is crucial. The national protocol from the United States Department of Justice warns that physical injuries heal quickly and evidence on the body is lost as time passes. Delays in going to the hospital or in sending the kit to the lab can result in degraded or lost DNA and faded bruising. Proper collection methods, sealing, and documentation are essential to avoid contamination and to preserve the chain of custody. Nurses often ask the complaining witness not to shower or wash clothes before the exam and to bring unwashed clothing in a paper bag. Experienced sex offense lawyers question compliance with these instructions when interpreting the significance of any DNA found and any injuries that are or are not found. It is imperative for sex offense lawyers to have an in-depth understanding of the evidentiary issues involved in SANE examinations in order to put the best defense case in front of a jury.
Information learned from SANE examinations
The SANE exam can provide multiple kinds of information:
- Identification of biological material – Swabs may capture semen, blood, saliva or skin cells from a suspect. A DNA profile can corroborate that sexual contact occurred and potentially match a suspect.
- Documentation of injuries – Photographs and body maps may show bruises, abrasions, strangulation marks or other trauma, supporting allegations of force. Forensic nurses can also identify hidden injuries using alternate light sources. Timeliness of the exam often becomes an issue because some injuries can heal quickly. There are an abundance of scholarly studies that relate to the presence of injuries depending on the techniques used during the examination, the type of sexual contact alleged, and the timeliness of the exam. An experienced sex offense lawyer will know how to find those studies depending on the specifics of an individual case.
- Toxicology results – Blood or urine samples can detect alcohol or drugs that may have been used to incapacitate someone, or consumed knowingly by a person to the point where they were incapable of providing consent.
- Evidence for later decisions – An exam may be performed even if the complaining witness does not immediately report the alleged assault. Kits can be stored until the person decides whether to pursue charges. Documentation and preserved evidence allow law enforcement to investigate later and may surface months or years after the event, giving prosecutors physical evidence when they eventually charge a case.
Information a SANE exam cannot provide
Despite its evidentiary value for the prosecution, the exam has significant limitations:
- Consent cannot be determined – DNA evidence can corroborate that sexual contact occurred, but it cannot show whether the contact was consensual. A medical forensic exam cannot prove that an assault did or did not happen. As an example, the University of Minnesota’s Aurora Center notes that an exam cannot determine if a sexual assault occurred.
- No precise timeline – Swab results may suggest an approximate time frame (e.g., sperm can survive in the vagina for several days), but the exam cannot definitively pinpoint when an encounter occurred.
- Number of participants and severity – A kit cannot reliably tell how many people were involved in the encounter or how violent it was. Injuries vary widely; many complaining witnesses have no injuries, while some consensual sexual encounters can produce injuries. Forensic nurses are cautioned not to draw conclusions about whether an assault occurred based solely on physical findings.
- No determination of guilt – DNA evidence identifies a possible contributor of biological material, but it does not prove guilt or innocence. Prosecutors must still prove each element of the charged offense beyond a reasonable doubt.
- Evidence is not guaranteed – Washing, delaying the exam, condom use or lack of ejaculation may result in little or no DNA being recovered. The absence of DNA or visible injury does not mean no assault occurred, although the absence of such evidence is useful for the defense.
Issues that arise at trial for SANE examinations
Because SANE exams are complex and rely on human judgment, sex offense lawyers closely scrutinize them. Common issues include:
- Chain‑of‑custody problems – Evidence must be properly labeled, sealed and stored. If the prosecution cannot account for every person who handled the kit, the defense may challenge its integrity. Backlogs and delays in sending kits to the lab may also raise questions about contamination or degradation.
- Procedural deviations – Nurses must follow established protocols for collecting swabs, drying them (without fans that can transfer DNA), and documenting findings. Errors, such as using contaminated instruments, failing to change gloves between swabs, or incomplete documentation, can undermine the reliability of the results. Sex offense lawyers may question the nurse’s training and experience, their credentials, and whether they adhered to national guidelines (e.g., those described in the U.S. Department of Justice protocol) and local guidelines.
- Interpretation of injuries – Injuries can have multiple causes. Bruises or abrasions may predate the incident or occur during consensual sex. Because many complaining witnesses exhibit no visible injuries, prosecutors often ask the nurse to testify about the significance of any injuries. Defense attorneys may cross‑examine nurses or call medical experts on injury topics given the specific factual issues involved in a case.
- Limitations of evidence – Experienced lawyers emphasize to juries that the SANE exam cannot determine consent and cannot prove an assault. They may highlight that DNA only shows possible contact, and injuries may be unrelated to the alleged incident, or that the encounter was consensual.
- Bias and memory – Nurses may testify months or years after an exam. Sex offense lawyers can probe their memory and potential bias, especially when the nurse routinely works closely with law enforcement or advocacy groups.
The difference that our sex offense lawyers make: Skillfully defending sex offense cases based on science
At Lundgren & Johnson, our attorneys have extensive experience cross‑examining forensic nurses. We understand the medical terminology, the underlying scientific principles, how exams are performed, and where mistakes can occur. By retaining independent forensic nursing experts and DNA scientists, we identify errors in collection, contamination risks, and overstatements about what the evidence shows. We use these insights to challenge the state’s case and protect our clients’ rights. No matter the issues involved in a case, our lawyers are prepared to challenge the prosecutor’s evidence.
Frequently asked questions
What is a sexual assault nurse examination and how is it used in a criminal case?
A SANE exam is a head‑to‑toe medical and forensic examination performed on the complaining witness by a specially trained nurse. The nurse records the person’s narrative of the alleged assault, performs a physical exam, collects swabs and clothing for DNA and toxicology testing, and documents any injuries. The complaining witness controls the process and may decline any portion. Prosecutors use the exam results to corroborate the complainant’s story and to seek DNA evidence linking a suspect to the encounter.
Can I require the accuser to undergo a SANE exam?
No. The exam is voluntary. The nurse explains each component and the complaining witness chooses whether to participate. Law enforcement cannot force a complaining witness to submit to a forensic exam, although officers may encourage it. If the complainant declines, there may be little physical evidence collected.
What evidence can a SANE exam provide against me?
The exam can collect DNA from semen, saliva, blood or skin cells, document bruises or other injuries, and memorialize the accuser’s account of what happened. It may also collect toxicology samples to detect alcohol or drugs. When properly preserved, this evidence can corroborate or contradict statements in court. However, the presence of your DNA only shows possible contact, not consent or lack thereof.
Can a SANE exam prove that I committed a sexual assault or that there was no consent?
No, a medical forensic exam cannot prove that an assault occurred. DNA evidence can show that sexual contact may have occurred and may identify the source of the DNA, but it cannot establish whether the contact was consensual. The exam also cannot determine the exact time of the encounter or the number of participants.
What if there is no DNA or visible injury?
Lack of DNA or visible injury does not necessarily mean that no sexual contact occurred. DNA may be absent because of condom use, washing, lack of ejaculation, or delays in examination. Many complaining witnesses have no visible injuries, and minor injuries can occur during consensual sex. Defense attorneys use these facts to show that the absence of evidence casts doubt on the prosecution’s narrative.
How do defense attorneys challenge SANE exam evidence?
Experienced defense lawyers scrutinize the exam’s chain of custody, the nurse’s training, credentials, and adherence to protocols, and the interpretation of injuries. They emphasize that the exam cannot determine consent or prove guilt. Lundgren & Johnson engages independent forensic nursing and DNA experts to review the exam, identify contamination or procedural errors, and provide alternative explanations for the findings. We cross‑examine nurses about deviations from national and local guidelines and highlight the exam’s limitations to jurors.
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Lundgren & Johnson combines deep knowledge of Minnesota sex offense laws with a sophisticated understanding of forensic science. If you or a loved one is under investigation for a sex crime, contact our attorneys to discuss how a SANE exam may affect your case and how we can protect your rights.
