i.e. on grounds of breach of human rights.
2007-03-04 03:06:17 · 10 answers · asked by Beckham 2 in Politics & Government ➔ Law & Ethics
yes he can, which is why so many rapists go free.
2007-03-04 03:14:30 · answer #1 · answered by Faith 5 · 0⤊ 2⤋
If there were sufficient evidence to suspect that a crime had been committed such as a rape and there was a possibility that the charge would stand up in court, then the court could make an order to force the person being accused to undergo a DNA test. Do you think you could also refuse to take a breathalyser test by the police if they suspected you of being intoxicated on the grounds it is a breach of human rights...I don't think so.
2007-03-04 13:43:35 · answer #2 · answered by Dr Paul D 5 · 0⤊ 0⤋
A sperm test? Likely. It's a pretty strong intrusion.
And it's completely unnecessary for a DNA test.
Up to the results he's just a suspect not guilty.
And if it turns out he's not guilty then you're giving
him quite a bat to swing with that forced sperm test.
A positive DNA test is a 99.x% chance of a match.
It doesn't matter where you got the DNA from. As
long as it's the suspects DNA of course ;)
2007-03-04 04:22:51 · answer #3 · answered by Alex S 5 · 0⤊ 1⤋
It's not a breach of human rights to test DNA. It's protecting you from false accusations and it's making a case for the rape victim if DNA is found to match the accused. It actually protects your human rights in the long run. If a person isn't guilty, why would they be concerned about submitting to a DNA test?
2007-03-04 03:16:26 · answer #4 · answered by Yogini 6 · 1⤊ 2⤋
If the person was arrested then they're DNA would be taken routinely in the form of mouth swabs. If they refused, it could be taken by force if necessary by taking a hair from the person's head. They're would be no requirement for it to be sperm sample.
2007-03-04 03:28:14 · answer #5 · answered by SurfCop 3 · 1⤊ 0⤋
Sperm tests would never be taken,blood,mouth swabs even hair.If a prisoner refuses to give sample a Superintendent can give permission to take one by force under the police and criminal evidence act but I cant see the requirement for sperm being necessary?
2007-03-04 05:17:42 · answer #6 · answered by frankturk50 6 · 0⤊ 0⤋
No (but the DNA would be gathered by saliva or blood samples). You will even have to give a mouth swab now if you are stopped for drinking and driving! All Court enforceable.
2007-03-04 03:13:13 · answer #7 · answered by bacteria4eva 2 · 0⤊ 1⤋
I don't know anything about the law, especially in the UK (I'm in Canada)... but I watch a lot of CSI and shows like that and I think all they need to do is get a court order for dna and he can't refuse...
I could be wrong so please don't just take my word here....
2007-03-04 03:10:18 · answer #8 · answered by jessicadiamond_4einc 4 · 0⤊ 2⤋
I've never heard of such a situation before! Anyway, don't they have a massive DNA database anyway? (Meaning that if they test the semen it may match someone already in the database.)
2007-03-04 03:11:46 · answer #9 · answered by Anonymous · 0⤊ 1⤋
no because that would make them guilty. but then again they prob can refuse but they would be taken to court to be made to give.
2007-03-04 03:09:17 · answer #10 · answered by Anonymous · 0⤊ 1⤋