In the legal world, DNA tests play a crucial role as evidence; however, they are also sensitive samples when it comes to a judicial process.
In cases of infidelity, it has been presented as a tool to confirm suspicions.
While DNA testing can identify the presence of another person’s genetic material in an object or sample, it does not necessarily imply a sexual relationship or infidelity.
The Supreme Court of Justice (TSJ) has stated that in Venezuela DNA tests are not accepted as evidence in a possible case of adultery.
This is because the context can be totally different.
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What are the limitations of DNA testing in the case of infidelity?
“A positive sample may be the result of a casual situation, non-sexual contact, or a non-consensual act,” commented
Furthermore, obtaining samples for DNA testing without consent may be considered a violation of privacy and the law.
The interviewee said that the interpretation of the results should be carried out by qualified experts, in order to avoid erroneous conclusions.
This expert test is designed to demonstrate the genetic identity of a person in parentage trials, as provided for in Article 210 of the Civil Code.
That is, it does not work to prove an act of adultery.
In a divorce case, the judge may declare DNA evidence inadmissible because it has no basis for trial.
The child of a married couple can undergo a genetic test with another person; however, if the result is positive, only the parentage is taken into account.
What evidence is strong enough to prove an act of adultery?
Rather than relying solely on DNA testing, other forms of evidence may be more relevant in proving infidelity.
The TSJ indicates that evidence such as eyewitness testimony, photographs, videos, messages, emails and letters are considered valuable evidence.
The lawyer said that the evidence must be interpreted in the context of the relationship and the specific circumstances, and that the privacy of all those involved must be respected.
“All evidence must be legal to have weight. If not, it may be considered inadmissible for a divorce case due to adultery.“, he said.
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2024-07-12 18:50:26
