"There's an old saying that the absence of evidence is not necessarily evidence of absence," said Peter Neufeld, co-founder and co-director of the Innocence Project, a nonprofit legal clinic.
A doctor and forensic sexual assault nurse examined the woman and found evidence consistent with a rape having occurred, police documents show.
Nifong said Tuesday that in 75 to 80 percent of all sexual assault cases, there is no DNA evidence.
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Jury still out on this one guys, lets see what happens.