DNA tests from a rape kit reportedly found no traces of Chicago Blackhawks player Patrick Kane’s DNA on the genitals or underwear of the woman accusing Kane of rape, four sources told the Buffalo News Monday.
Kane is under investigation for an alleged incident with an unnamed woman that occurred in Hamburg, New York on August 2. No charges have yet been brought forth by the Eerie County police.
As the Buffalo News noted, the lack of DNA evidence does not necessarily prove that a sexual assault did not happen, and more factors than just DNA evidence will go into the investigation. Although Kane’s DNA was not found in the rape kit, it was found on the woman’s shoulder and her fingernails.
“The absence of DNA and semen, in itself, does not prove that there was no rape,” Florina Altshiler, a Buffalo attorney who worked as a sex-crimes prosecutor in Alaska, told the Buffalo News. “It proves that there was no ejaculation, or possibly, that the perpetrator wore a condom.”
Frank Clark, Eerie County’s former DA, said it was extremely rare for rapists to use condoms.
“If the vaginal swabs taken at the hospital show no sign of his DNA, that could very well exonerate him of rape,” Clark said.
Clark added that Kane’s DNA found on the woman’s shoulder and fingernails could possibly indicate a struggle of some sort.
“It could still be a serious matter for Kane, possibly some sort of assault or sexual misconduct, but that would probably be much less serious than a rape,” Clark said.
The Buffalo Post also reported that an off-duty police officer drove Kane and the woman from the bar to Kane’s home on the night in question, further complicating the investigation. From the Post:
Authorities since early August have been investigating the woman’s allegation that Kane raped her in his lakeside Hamburg home after meeting her at a downtown bar. She claimed Kane invited her to his home. The News learned that she was driven there by an off-duty police officer acting as Kane’s chauffeur. He told The News that he drove Kane, the alleged victim and two other people to Kane’s home.
A grand jury was supposed to convene last week to hear testimony from witnesses, but the presentation was postponed by [Erie County District Attorney Frank A.] Sedita.
Kane addressed the media on Thursday for the first time since news of the investigation. He told reporters he had done nothing wrong.
We have reached out to the Chicago Blackhawks for comment.