In sexual battery cases, prosecutors often present medical evidence as if it proves the crime occurred. A nurse examines the alleged victim, documents injuries, and concludes they are “consistent with forced sexual trauma.”

But “consistent with” is not the same as “caused by.” Injuries that appear consistent with assault may have other explanations—including timing that does not match the alleged incident or causes unrelated to the accusations.

In this case, a forensic pathologist reviewed the photographic evidence from a rape examination and reached a conclusion that contradicted the nurse’s findings: the injuries were not recent, and they could have been caused by something entirely different.  I am Tampa Criminal Defense Attorney Rocky Brancato. This post is part of our forensic series put out by the Brancato Law Firm, P.A., your Tampa criminal forensic evidence law firm.

The Case: An Accusation Against a Boyfriend

My client was accused of raping his girlfriend. She reported the alleged assault, underwent a forensic examination, and my client was charged with sexual battery.

The state’s case relied heavily on the medical evidence. A Sexual Assault Nurse Examiner (SANE) had conducted the examination, documented injuries to the victim’s genital area, and concluded that the findings were “consistent with forced sexual trauma.”

On its face, this looked like powerful evidence. But I knew that SANE nurse conclusions are not the final word—they are opinions that can be challenged by experts with more specialized training.

The Evidence: Colposcope Photos and Medical Records

The forensic examination had produced detailed photographic evidence, including colposcope images of the alleged victim’s genital area.

The SANE nurse had reviewed these images and documented her conclusion: the injuries were consistent with forced sexual trauma. This conclusion would be presented to the jury as evidence that the alleged rape had occurred.

But there was more to the story. The investigation had also revealed that the alleged victim possessed a personal vibrating device—commonly called a “silver bullet”—that she used regularly.

This detail raised an important question: could the documented injuries have been caused by something other than the alleged assault?

The Expert: A Forensic Pathologist Reviews the Evidence

I retained a forensic pathologist to conduct an independent review of the photographic evidence and medical records from the examination.

Unlike the SANE nurse, the forensic pathologist had extensive training in evaluating wound characteristics, including the ability to assess the age and timing of injuries based on their appearance.

The expert reviewed the colposcope photographs carefully, examining the characteristics of the documented injuries.

The Expert’s Findings

The forensic pathologist’s conclusions directly contradicted the SANE nurse’s opinion:

What the Expert’s Findings Meant for the Case

The forensic pathologist’s opinion undermined the prosecution’s central piece of medical evidence:

• The SANE nurse said the injuries were “consistent with forced sexual trauma”—but the forensic pathologist found they were not recent enough to match the alleged assault
• The prosecution would argue the injuries proved the rape occurred—but an alternative explanation existed that was equally consistent with the physical findings
• The jury would have to decide whether to believe the accuser’s account or the physical evidence suggesting a different timeline and cause

This was not about whether the alleged victim had injuries. She did. The question was whether those injuries were caused by my client—or by something else entirely.

SANE Nurse vs. Forensic Pathologist: Different Training, Different Conclusions

What This Case Teaches About Challenging Medical Evidence

• “Consistent with” does not mean “caused by.” SANE nurse conclusions are opinions, not facts. An injury consistent with assault may also be consistent with other causes.
• Timing matters. A forensic pathologist can evaluate whether injuries are recent or older—and whether the timing matches the alleged incident.
• Alternative explanations must be investigated. Defense attorneys should explore whether documented injuries could have been caused by something other than the alleged assault.
• Forensic pathologists outrank SANE nurses in medical expertise. When the state presents a nurse’s opinion, a physician with specialized training can provide a more authoritative counter-opinion.
• Request all photographic evidence. Colposcope images and other photographic evidence can be reviewed independently by defense experts who may reach different conclusions.

Frequently Asked Questions

Facing Sexual Battery Charges Based on Medical Evidence?

Medical evidence in sexual assault cases is often presented as if it proves guilt. But SANE nurse conclusions are opinions—not facts—and they can be challenged by experts with more specialized training.

For over 25 years, I have defended clients against serious charges in Tampa Bay. I know how to obtain and analyze forensic examination evidence, retain qualified experts to challenge prosecution conclusions, and present alternative explanations to the jury.

Call (813) 727-7159 for a Confidential Consultation

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

Serving Hillsborough, Pinellas, and Pasco Counties

Part of the Forensic Evidence Series

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Tampa Sex Crimes Attorney

Why Expert Witnesses are Not Optional in Major Crimes Cases

In child abuse cases, medical testimony carries tremendous weight. However, it does not always follow the scientific method. That difference can have life-changing consequences for anyone accused of abuse.

The strength—or weakness—of a medical opinion can decide whether justice is done or a wrongful conviction occurs. Consequently, if you or someone you love faces child abuse charges in Tampa, Hillsborough County, or the greater Tampa Bay area, you need an attorney who knows how to challenge flawed medical findings. I am Tampa Criminal Defense Attorney, Rocky Brancato. My firm, The Brancato Law Firm, P.A., is equipped to navigate you through the complex and often unfair world of medical opinion in Tampa Child Abuse cases.

The Problem with Child Protection Team Testimony

Years ago, Tampa attorney Rocky Brancato mentored a young attorney handling their first aggravated child abuse case. During that case, the young lawyer was struck by a Child Protection Team (CPT) doctor’s confident claim that a child’s injuries were caused by abuse—offered with “reasonable medical certainty.”

But where was the science to support it?

What the Research Revealed

Although the charges in that case were later dismissed, the young attorney kept digging into the foundation of CPT testimony. The findings were troubling. Many CPT doctors rely on assumptions and untested theories rather than scientifically verified conclusions.

Over time, these opinions have been passed down as accepted knowledge, shaping courtroom testimony without the rigor of controlled, repeatable scientific testing—the foundation of the scientific method.

The Human Cost

Even today, this flawed approach appears in courtrooms across the United States. Judges and juries often hear CPT testimony treated as fact, even when it lacks empirical support. As a result, families are torn apart and innocent people convicted based on conjecture instead of science.

A powerful example of this issue appears in the Netflix documentary Take Care of Maya, which reveals the human cost of unchecked CPT testimony. Without scientific discipline, these cases can become battles of opinion rather than fact.

Common Problems with CPT Medical Testimony

A Note on Good Faith

To be clear, most CPT doctors act in good faith. They perform essential work and help countless children. Nevertheless, some exceed the limits of science and law by presenting speculation as certainty. The system would benefit if every expert acknowledged the boundaries of their knowledge and adhered strictly to evidence-based conclusions.

The Shaken Baby Syndrome Controversy: A Cautionary Tale

One of the clearest examples of unreliable medical testimony in child abuse cases is Shaken Baby Syndrome (SBS). For years, medical experts claimed that a combination of three symptoms—subdural bleeding, retinal bleeding, and brain swelling—proved that a baby was violently shaken.

Those opinions led to countless convictions based on a theory that lacked solid scientific proof.

What Science Later Revealed

Later research showed that several other medical conditions can cause the same symptoms. Birth trauma, genetic disorders, infections, and accidental falls all produce patterns once blamed on abuse.

Because of this, courts across the country have begun revisiting older cases where SBS testimony played a central role. Sadly, many innocent caregivers have already spent years in prison due to outdated medical beliefs.

Medical Conditions That Can Mimic Abuse

This history highlights why medical testimony must meet scientific standards, not just sound convincing. When experts rely on flawed methods or unsupported theories, the justice system risks punishing the wrong people instead of protecting the innocent.

How We Challenge Unreliable Medical Testimony

The Daubert Standard in Florida

Florida courts use the Daubert standard to determine whether expert testimony is admissible. Under Daubert, judges must evaluate whether an expert’s methods are scientifically valid and whether those methods were properly applied to the facts of the case.

This means that an expert’s opinion—no matter how confident—can be challenged if it lacks a proper scientific foundation. A skilled defense attorney examines the methods behind CPT testimony to uncover unreliable or untested medical theories.

Independent Medical Review

In child abuse cases, we work with forensic pathologists and medical experts to conduct independent reviews of the evidence. These experts can identify alternative explanations for injuries—conditions that mimic abuse but have nothing to do with wrongdoing.

Multiple clients have had charges dismissed after independent medical review revealed non-abuse explanations for injuries. This approach ensures that only scientifically sound evidence reaches the courtroom.

Frequently Asked Questions

What is a Child Protection Team (CPT)?

A Child Protection Team is a group of medical professionals who evaluate children for signs of abuse or neglect. CPT doctors examine injuries, review medical records, and provide opinions to law enforcement and prosecutors. However, their conclusions are opinions—not facts—and can be challenged.

Can medical testimony in child abuse cases be wrong?

Yes, absolutely. Medical testimony is only as reliable as the science behind it. When experts rely on untested theories, outdated assumptions, or fail to consider alternative diagnoses, their conclusions can be deeply flawed. The Shaken Baby Syndrome controversy demonstrates how widely accepted medical opinions can later prove incorrect.

What is the Daubert standard?

The Daubert standard is the legal test Florida courts use to determine whether expert testimony is admissible. It requires that an expert’s methods be scientifically valid and reliably applied. Defense attorneys can use Daubert motions to exclude testimony that does not meet these standards.

What medical conditions can mimic child abuse?

Several conditions can produce symptoms mistaken for abuse, including osteogenesis imperfecta (brittle bone disease), bleeding disorders, choledochal cysts, birth trauma, infections, rickets, and accidental falls. A thorough defense requires exploring all possible medical explanations.

What is Shaken Baby Syndrome?

Shaken Baby Syndrome was a theory that a combination of three symptoms (subdural bleeding, retinal bleeding, and brain swelling) proved a baby was violently shaken. Later research disproved this theory, showing that multiple other conditions can cause the same symptoms. Consequently, courts are now revisiting convictions based on SBS testimony.

How do you defend against child abuse charges based on medical testimony?

Defending against these charges requires challenging the scientific foundation of the prosecution’s medical evidence. This includes filing Daubert motions to exclude unreliable testimony, retaining independent medical experts to review the evidence, and presenting alternative explanations for the child’s injuries.

Why You Need an Experienced Child Abuse Defense Attorney

The stakes in child abuse cases are extraordinarily high. You need an experienced Tampa child abuse defense attorney who spent years defending complex child abuse allegations. With more than 25 years of experience, Attorney Rocky Brancato knows how to challenge unreliable medical testimony and apply the Daubert standard effectively.

Moreover, Attorney Brancato works with forensic pathologists and medical experts to identify conditions that mimic abuse. Without a knowledgeable and assertive attorney protecting your rights, you could face conviction based on speculation instead of proven science.

Protect Your Rights and Your Future

If you or someone you love faces child abuse allegations in Tampa, Hillsborough County, or anywhere in the Tampa Bay area, do not leave your future to chance. Your future should never hinge on speculation or unproven medical theories.

Attorney Rocky Brancato brings more than 25 years of courtroom experience and a deep understanding of how to challenge unreliable medical evidence. He is committed to ensuring that only credible, scientifically supported testimony is presented in your case.

Call (813) 727-7159 for a Confidential Consultation

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

Serving Hillsborough, Pinellas, and Pasco Counties

Related: Tampa Child Abuse Lawyer | Tampa Criminal Forensic Science Attorney | Aggravated Child Abuse Defense