Admissibility of Enough evidence: summary

Is Enough evidence admissible in Court?*

In principle, yes, Enough's evidence can be admissible in court

Enough is very new and only a relatively small number of kits have been distributed, so there has not been sufficient time for a first test case.

However Enough kits are being successfully used to collect perpetrator DNA by survivors, and have been passed to the police as part of an investigation

The National Police Chiefs Council have instructed the police to use Enough's evidence where available, and to not discourage anyone from reporting with it

DNA collected from forensic examinations by the police or a SARC has the best evidentiary value. And clothing and tampons have also been admitted.

DNA evidence from any source (including the police/SARC) is only relevant where the accused denies physical contact, a minority of cases.

This is because DNA does not show consent.

There is no type of DNA evidence that is always guaranteed admissible in court, but any evidence can be of value and admissible, including Enough.

Enough's forensic grade DNA kit was developed, and is produced by, the same people that develop and produce kits for the British police

For Enough's evidence specifically, it will be considered for admission if the survivor will testify that the DNA sample was correctly collected following the instructions to avoid contamination. The judge will decide whether it will be admitted.

*Full legal opinion by a leading KC Rape Barrister, see here