At Fort Arthur trial, DNA from abdomen and mons swabs links to defendant; jurors told penetration must be proved beyond reasonable doubt

A Jefferson County jury heard competing accounts and forensic evidence on April 5, 2022, in the criminal trial of defendant Nir Benur, who is charged with sexual assault for allegedly penetrating a patient’s genital area with his finger during a post‑operative dressing change. State witnesses described the victim’s account, the procedures used during a same‑day forensic exam, and DNA testing; the defense argued evidence did not prove penetration and moved for a directed verdict, which the judge denied.

The case turned on both the legal meaning of “penetration” and where DNA was recovered. In jury instructions read aloud, the court told jurors the state must prove beyond a reasonable doubt that the defendant “intentionally or knowingly caused the penetration of the genital organ of Taylor Dempsey by inserting the defendant’s finger” and reiterated that “penetration is complete, however slight.”

Why it matters: The legal element the jury must resolve is not only whether contact occurred, but whether the contact rose to the statutory level of penetration. Prosecutors told jurors they had corroboration in the form of the victim’s…