Is Enough legal?

Yes it legal to collect DNA from your own body, have it analysed, and store it.

Is Enough evidence admissible in Court?

Concise Summary

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 opinion from King’s Counsel with experience in the admission of DNA evidence and the prosecution of serious sexual assaults

Few cases ever reach court (about 3% of complaints).

Of those, the fact of contact with a particular individual and the location where contact occurred are very often not disputed; it follows that DNA evidence recovered using the Enough method is only likely to be considered to be potentially relevant in a limited number of cases.

The methods used by medical professionals at SARCs mean that DNA and other samples recovered during those processes provide more information and are therefore more likely to be relevant and rendered admissible in a wider range of criminal prosecutions.

The manner in which any evidential sample is retrieved, analysed and stored could well be the subject of challenge in a criminal trial. Anyone involved in that process, including survivors using Enough, could be questioned and challenged about that in court if the prosecution choose to attempt to rely on the sample; whether they attempt to do so is a matter solely for the prosecuting lawyers.

In any event, there are no guarantees that evidence relating to a DNA sample will be deemed admissible at trial. Each case will depend on its own circumstances.

If the fact of contact by a particular individual is in dispute, it is conceivable that DNA evidence gathered using Enough could be deployed by the prosecution and deemed relevant and admissible by the court in a limited range of cases.

In the first instance, the court would have to be satisfied, by the survivor’s own testimony, that the sample retrieved is genuine, free from contamination and has been collected and (whilst in their custody) retained in accordance with the instructions provided with our packs.

The court would also expect to receive other evidence in order to establish the reliability of the sample. In circumstances where this can be established, the court would still be obliged to consider whether any resulting DNA evidence is relevant to the issues in the case and ultimately whether its admission into evidence is fair to the parties before allowing any party to rely upon it.

Forensic evidence retrieved by medical professionals and criminal investigators is expected to be handled in line with strict forensic guidelines. This enhances the prospects of admissibility and maximises the potency of such evidence.

Whilst objections to such evidence are rare, it does not insulate DNA evidence gathered in this way from challenge or guarantee its admissibility.

Survivors can anticipate that samples retrieved using Enough are likely to be subjected to challenge even if the prosecution choose to rely upon them and whether or not they are admitted into evidence at trial.

It is also possible that the defence may seek to rely on the samples if, for example, DNA from a third party which could exculpate the defendant is identified.

In order to maximise the potential admissibility of DNA evidence gathered using Enough, our DNA kit was developed, and is produced by, the same people that develop and produce DNA kits for the British police.

Enough has obtained this advice from King’s Counsel with experience in the admission of DNA evidence and the prosecution of serious sexual assaults in providing this aspect of the guidance.

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