Q: If your DNA does not match in a sexual assault case does the case have to be thrown out?
A: Not necessarily, but that is an extremely helpful piece of evidence.
Kiele Linroth Pace agrees with this answer
A: It doesn't HAVE to be dismissed, but many prosecutors would choose to dismiss because the alternative is trying to convince a jury, beyond a reasonable doubt, in the face of contrary DNA evidence. On the other hand, people were convicted of sexual assault before DNA tests were invented.
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