Bringing Your SANE-A Game: Preparing to Cross Forensic Medical Providers in Sexual Assault Cases with Postpubertal Alleged Victims
This program equips criminal defense lawyers with a rigorous, defense-centered approach to crossing Sexual Assault Nurse/Forensic Examiners (SANE/SAFE) in cases involving post-pubertal alleged victims. It pulls back the curtain on what is often treated as neutral, medical testimony and reframes it as a form of “credibility theater” that can improperly bolster an accuser’s narrative. By examining how rape kits, clinical language, and forensic protocols create an aura of scientific certainty, the program shows how this testimony can mislead juries, invade the jury’s role, and obscure the absence of meaningful physical evidence.
Criminal defense lawyers who watch this program will gain concrete tools for preparing to interview and cross forensic medical providers effectively. The program walks through how to investigate the examiner’s actual training, certifications, experience, and ongoing competency, while exposing gaps between what providers claim to do and what protocols, research, and law actually support. It addresses critical distinctions between medical history-taking and forensic interviewing, highlights contamination and bias risks created by patient narratives, joint interviews, and selective documentation, and provides strategies for challenging improper “diagnoses,” “consistent with” opinions, and testimony that impermissibly vouches for credibility.
The program also delivers powerful litigation strategies grounded in evidence law and constitutional principles. Defense attorneys will learn how to challenge unreliable medical and testimonial hearsay, raise Confrontation Clause and due process objections, and force courts to confront the dual medical-forensic purpose of SANE exams. By teaching lawyers how to dissect protocols, expose bias, and educate judges and juries about what these exams can—and cannot—prove, this program strengthens motions practice, sharpens cross-examination, and restores the jury’s role as the ultimate arbiter of credibility in sexual assault cases.
Laurie Rose Kepros is an attorney and the Director of Sexual Litigation for the Colorado Office of the State Public Defender where she trains and advises over 1,200 lawyers and other staff statewide in their representation of indigent adults and children accused, sentenced for, and/or survivors of sexual crimes. In over 25 years in public defense, she has tried and consulted on more than eight thousand sexual offense cases. She has served on dozens of subcommittees of Colorado’s Sex Offender Management Board (SOMB) and Commission on Criminal and Juvenile Justice and has provided subject matter expertise to the Colorado legislature since 2006 and in Federal Court. The late Secretary of Defense Ash Carter appointed her to the Subcommittee of the Judicial Proceedings Panel which advised the United States Congress on law and policy related to sexual assault in the military. Ms. Kepros was the 2017 recipient of the Olom Award, the highest honor bestowed upon a defense attorney by the Colorado Criminal Defense Bar. She is a Member of the Association for the Treatment and Prevention of Sexual Abuse (ATSA) and is a current appointee to the Forensic Nursing Subcommittee to National Institute of Standards & Technology (NIST) Organization of Scientific Area Committees (OSAC) for Forensic Science.
CLE State Accreditation
- General 1.00
- General CLE-HI: 1.00
- General CLE-SD: 1.00
- General CLE-NY: 1.20
- General CLE-CA: 1.00
- General CLE-IL: 1.00
- General CLE-AK: 1.00
- General CLE-MD: 1.00
- General CLE-VT: 1.00
- General CLE-MA: 1.00
- General CLE-DC: 1.00
- General CLE-ND: 1.00
- General CLE-OR: 1.00
- General CLE-WA: 1.00
- General CLE-CT: 1.00
- General CLE-NH: 1.00
- General CLE-FL: 1.20
- General CLE-VI: 1.00
- General CLE-AZ: 1.00
CLE State Accreditation:
- General 1.00
- General CLE-HI: 1.00
- General CLE-SD: 1.00
- General CLE-NY: 1.20
- General CLE-CA: 1.00
- General CLE-IL: 1.00
- General CLE-AK: 1.00
- General CLE-MD: 1.00
- General CLE-VT: 1.00
- General CLE-MA: 1.00
- General CLE-DC: 1.00
- General CLE-ND: 1.00
- General CLE-OR: 1.00
- General CLE-WA: 1.00
- General CLE-CT: 1.00
- General CLE-NH: 1.00
- General CLE-FL: 1.20
- General CLE-VI: 1.00
- General CLE-AZ: 1.00