The Problem 6

power and not just about the typical sexual intercourse that

majority know. It can take many forms; it could be rape,

sexual molestation, sexual harassment, being the victim of a

flasher, or just any time of unwelcome sexual advancement.

Rape is committed by a man having carnal knowledge of a woman,

or any person who inserts his penis into another’s person

mouth or anal orifice of another person, through force, threat

or intimidation or when the offended party is deprived of

reason or otherwise rendered unconscious or by means of

fraudulent machination or grave abuse of authority or when the

offended party is under 12 years of age or is demented

(Burgess, 2005).

Being the common crime of violence wherein one in four

women is a victim of completed or attempted rape, this crime

is being investigated with the use of DNA which aid in linking

the victim to the suspect through the evidence gathered at the

crime scene.

According to James, Nordy & Bell (2014), DNA has

continued to develop through the years from the first case in

1987 up until now. It has undergone several analyses from a

spot to barely visible traces. It is often an important tool

in achieving justice for survivors of sexual assault. Seminal

fluid is the primary biological evidence that aids in creating

a profile of a suspect who allegedly committed the crime.

 The Problem 7

However, the utility of semen as DNA is sometimes challenging

and difficult to examine when a desired standard sample for

testing is not met even with the use of advanced technology.

Investigators face problems when there are limited

sources of DNA for examination.

McDonald (2015) states “In some cases of assault,

the assailant may not have ejaculated, meaning no semen will

be present on the victim’s body, and genetic evidence from

semen cannot, thus, be extracted. In such cases all semen

tests will fail” (para. 15).

In a 2011 study, the National Institute for justice

explains that the failure of the investigation in sexual

assault cases does not only constitute degraded biological

evidence but also human error. The collecting consistent and

high-quality

evidence can be a particular problem in nonurban

jurisdictions. Nine hundred of the 1,350 rape crisis centers

in the U.S. are in rural areas, where turnover among hospital

and clinic staff is high. Many people in rural America,

including Indian Country, do not know how to obtain or use a

SAK (Sexual Assault Kit), and they have no access to a sexual

assault nurse examiner (SANE).

According to Advancing Justice through DNA Technology,

using DNA to solve crime, a mixed profile contains few DNA

 The Problem 8

from various persons. These can be drawn from victims of

sexual assault especially in semen obtained from the woman’s

body. Today, all the 50 states of the United States of America

and federal government have laws requiring the collection of

DNA samples from offenders.

In the Philippine context, the researchers were able to

observe that same problem is being experienced like those in

India where the country is lacking of forensic experts in

handling sexual assault investigations. Because of these

issues, a lot of cases involving sexual assault are left

hanging on the string of impartiality.

This research entitled Forensic DNA application in

investigating sexual assault cases is an in-depth study on how

significant DNA is in solving sexual crimes. The findings of

the study will benefit the following:

Victims of sexual crimes will benefit in this study, as

to which the study shows how sexual crime investigation works

and how DNA can be used as a strong evidence in court. This

may enlighten victims on what they should do to achieve

justice.

This study may also help future Forensic Scientists,

Police Officers and Investigators by guiding them in the

proper protocol and procedures in handling, collecting and

 The Problem 9

preserving biological evidence which is utilized in

investigating sexual assault offenses.

The researchers will likewise be able to gain more

knowledge not just in the field of the study but in other

aspects of legal issues and sciences which are related to the

research. Also future researchers may use this as their

reference.

Statement of the Problem

Generally, the study aimed to determine the applications

of DNA in the field of forensic science. Specifically, it

endeavored to answer the following questions:

1. What are the different sources of DNA which are

utilized in investigating sexual assault cases?

2. What are the different applications of DNA in the

investigation of sexual assault cases?

3. What are the factors affecting the accuracy of DNA in

investigating sexual assault cases?