What a forensic examination proves, and what it does not.
Sexual assault forensic examinations occupy an outsized place in how campus and criminal cases are perceived. The examination is a careful clinical process that documents what a trained examiner observed and collects samples for analysis. What it seldom addresses is the question actually in dispute in a campus case, which is consent.
Contact, identity, and the disputed issue.
Sample analysis can establish that contact occurred and with whom. In the majority of campus matters, neither fact is contested - the respondent acknowledges the encounter and disputes that it was non-consensual. Evidence establishing an admitted fact does not advance the case, though it is frequently presented as though it does.
Injury findings, in both directions.
The clinical literature is consistent that physical findings are frequently absent following non-consensual contact, and that findings consistent with injury occur in consensual contact as well. That cuts against over-reading in either direction: absence of injury is not evidence of consent, and presence of injury is not evidence of its absence. Where a decision-maker treats either as dispositive, that is a reasoning error worth putting on the record.
The history section.
Practically, the most consequential part of the report is the narrative history taken by the examiner. It is an account given close in time and recorded by a neutral third party, which makes it a valuable comparator. Where it differs materially from what is later told to an investigator or at a hearing - about sequence, about location, about what was said - the difference is documented rather than argued, and documentary comparisons are what cross-examination is built on.
Toxicology and the capacity question.
Where incapacitation is alleged, toxicology is often collected hours after the relevant events, and back-calculating a level at an earlier moment involves assumptions that can be tested. More fundamentally, capacity is a behavioural question rather than a numerical one. An alcohol-induced blackout impairs memory formation; it does not necessarily impair the ability to converse, navigate, decide, or communicate. The evidence that separates blackout from incapacitation is behavioural: messages composed, rides ordered, conversations held in the same window.
How we handle it.
We obtain and read the complete record rather than a summary. We compare the history section against every later account. Where capacity is central we retain an independent expert, because a decision-maker with no clinical background is otherwise left with an investigator’s paraphrase. And we make the argument as a scientific point about proof, never as an attack on the complainant - which is both the right way to do it and the only way that works.
Why you should call us.
If you are scrolling through search results trying to find someone to defend you, your search is over. You have found Spodek Law Group P.C. - and we are not your average defense firm. We know a thing or two about defending the accused in campus cases - and in the criminal courts that run alongside them. Over 50 years of combined experience, some of the toughest cases in the country, and we have come out on top. We have seen it all, and we empathise with you. We understand how frightening this is, and we have a legal team who can fight and win.
Unlike other attorneys who care about their reputation with the administrators and the prosecutors, our only goal is getting you the best outcome. We owe loyalty to only you. Our lawyers listen to you, your fears, and your goals. We care about your story, and that is where the work begins - by understanding and listening to you.
On billing, we are transparent about our fees, and there are no surprises. Choosing a lawyer is a big deal and cost is a real issue, so we are committed to being your champion irrespective of your ability to pay. Our firm has a simple belief: lawyers should only take on clients whom they can truly help. Many firms are mills that take every case through the door. We do not.
Working with us starts with a risk-free consultation, in person or over the phone. You can ask us anything, for as long as it takes, and we encourage you to ask the tough questions. We are available 24/7, we practise coast to coast, and every client has direct access to a partner. Call 212 300 5196 - an attorney answers.
