a rectal swab taken from the victim with new, more sophisticated technology. Id. Once conducted, the DNA profile did not match Youngblood; instead, it showed that Walter Calvin Cruise, who had two prior child sex abuse convictions in Texas, committed the assault. Id. at 277. Youngblood was released from prison and his conviction was vacated. Id. at 276. 5 . Although we note a similar jury charge was issued by the trial court in Youngblood, the propriety of this charge under state evidence law is not before the Court. Heretofore, an adverse inference charge based on missing evidence, sometimes referred to as a spoliation of evidence charge, has been limited to civil cases in South Carolina. See Stokes v. Spartanburg Reg’l Med. Ctr., 368 S.C. 515, 522, 629 S.E.2d 675, 679 (Ct.App.2006) (<HOLDING>); Kevin R. Eberle, Spoliation in South
recognizing a tort for the intentional spoliation of evidence holding that spoliation may be a basis for a cause of action where a third party has negligently destroyed material evidence but stating that jury charges that presume missing evidence weighs against the spoliator and discovery sanctions  are available when spoliation is charged against an opposing party holding that an adverseinference jury instruction was an appropriate sanction for spoliation of evidence holding that an ij need not first identify the particular pieces of missing relevant evidence and show that this evidence was reasonably available to the applicant when he or she is not otherwise credible holding spoliation instruction was warranted in medical malpractice action where two pieces of evidence initially collected by hospital were missing