There are certain serious circumstances that will lead a judge to decide to destroy rape case evidence rather than keep it on file, according to Fox News. This is exactly the case in an Ohio rape case where a young woman died in 2012 at the hands of a doctor who murdered her with a heroin overdose, reported Fox News.
The issue which many legal experts have considered in rationalizing the destroying of rape evidence centers around whether or not once the case has been adjudicated the evidence maintains any legal value.
In the death of Deanna Ballman and her nearly full-term child, by the doctor Assistant Delaware County prosecutor Kyle Rohrer requested that the evidence be destroyed after the case had been completed.
Delaware County, Ohio Judge Duncan Whitney agreed with the request because the evidence materials consisted of, “photos and audio and video recordings collected were obscene and their purpose was to arouse lust,” according to Fox News.
As a rule of thumb, evidence in a trial is typically preserved. The exception Ohio State University law professor Doug Berman points out is how the degree of “risk of material being released,” would bring harm to the victim’s family and therefore must be considered, reported Fox News.
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