Report: Patrick Kane’s DNA not found in rape kit, no decision on whether he’ll be charged

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 in Hamburg, New York on August 2. No charges have been brought 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, two sources told the Buffalo News.

“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, told the Buffalo News 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 told the Buffalo News.

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 told the Buffalo News.

The Buffalo News 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.

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.