DNA evidence is a crucial component in investigating crimes like sexual assault. This evidence can be gathered not only from the crime scene but also from the survivor’s body, clothing, and personal items. A sexual assault forensic exam, often referred to as a “rape kit,” is a vital process for collecting and preserving this potential DNA evidence while also providing essential medical care to the survivor. Importantly, undergoing this exam does not obligate you to report the assault to law enforcement. It serves as a crucial step to securely store evidence, should you decide to report the crime at a later point.
To locate a facility near you that offers sexual assault forensic exams, please contact the National Sexual Assault Hotline at 800.656.HOPE (4673) or reach out to your local sexual assault service provider.
Delving Deeper: What is a Sexual Assault Forensic Exam?
The term “rape kit” is commonly used, but it actually refers to the kit itself – a package containing a checklist, necessary materials, instructions, and containers for collecting and storing specimens during a sexual assault forensic exam. Another term you might hear is Sexual Assault Evidence Kit (SAEK). The specific contents of these kits can vary based on state and local regulations, but they generally include:
- Evidence collection bags and paper sheets to ensure proper handling and prevent contamination.
- A comb for collecting hair samples if necessary.
- Detailed documentation forms to maintain a chain of custody and record exam findings.
- Envelopes for secure storage of smaller items.
- Step-by-step instructions for medical personnel administering the exam.
- Materials for collecting blood samples if required for comparison or toxicology.
- Swabs for collecting DNA evidence from various parts of the body.
How to Prepare for a Sexual Assault Forensic Exam
If you are considering a sexual assault forensic exam, there are steps you can take to help preserve potential evidence. If possible, try to avoid activities that could potentially compromise or destroy evidence. These activities include:
- Bathing or Showering: Washing can remove crucial DNA evidence from your body.
- Using the Restroom: Urinating or defecating can eliminate evidence.
- Changing Clothes: The clothes you were wearing during the assault may contain vital evidence.
- Combing Hair: Hairs can be important evidence and should be left undisturbed if possible.
- Cleaning Up the Area: Avoid cleaning any spaces that might contain evidence related to the assault.
It’s completely understandable to want to cleanse yourself after a traumatic event like sexual assault. Please know that even if you have engaged in any of these activities, you can still undergo a forensic exam. Valuable evidence may still be collected. It is recommended to bring a change of clothes with you when you go to the hospital or health facility for your exam.
While DNA evidence is ideally collected within 72 hours for optimal analysis in a crime lab, a sexual assault forensic exam can still uncover other valuable evidence even after this timeframe. This evidence can be beneficial should you decide to report the assault later. If you have preserved the clothes you were wearing, place them in a paper bag to maintain the integrity of any potential evidence. Plastic bags can trap moisture and degrade DNA. For any questions regarding the timeframe for evidence collection, please contact the National Sexual Assault Hotline at 800.656.HOPE (4673) or your local sexual assault service provider.
Understanding the Duration of the Exam
The duration of a sexual assault forensic exam can vary, typically lasting a few hours. The exact time will depend on several factors, including the specifics of the assault and the procedures at the facility. Having a supportive person with you during this time can be helpful. By contacting the National Sexual Assault Hotline (800.656.HOPE) or a local sexual assault service provider, you may be connected with a trained advocate. An advocate can provide information about the exam process, offer emotional support, and may even be able to accompany you during the exam itself. It’s important to be aware that if you choose to have someone other than an advocate in the exam room, they could potentially be called as a witness if you decide to report the crime to law enforcement.
What to Expect During a Sexual Assault Forensic Exam
The following steps outline the general process of a sexual assault forensic exam. It is crucial to remember that you are in control throughout the entire process. You have the right to stop, pause, or decline any step of the exam at any time. Your comfort and consent are paramount.
- Immediate Medical Care: Your immediate medical needs are the priority. If you have injuries requiring urgent attention, those will be addressed first.
- Medical History and Information Gathering: The medical professional will ask for your medical history, including current medications, pre-existing conditions, and relevant health information. You will also be asked sensitive questions, such as about recent consensual sexual activity. These questions are essential to differentiate DNA and other evidence potentially related to the assault from other sources. You will also be asked to recount the details of the assault. This helps the examiner understand potential areas of injury and locations on your body or clothing where evidence might be found.
- Comprehensive Head-to-Toe Examination: This part of the exam is tailored to your specific experience, emphasizing the importance of providing an accurate account of the assault. It may include a thorough external body examination, as well as internal examinations of the mouth, vagina, and/or anus if relevant to the assault. Samples may be collected, including blood, urine, swabs from body surfaces, and sometimes hair samples. The trained professional may also take photographs to document injuries and the examination process itself. With your explicit consent, they may collect items of clothing, including undergarments, as potential evidence. Any other physical evidence identified during the exam, such as a torn piece of clothing from the perpetrator, a stray hair, or debris, may also be collected and packaged for analysis.
- Mandatory Reporting Considerations: Laws regarding mandatory reporting vary. If you are a minor, the healthcare professional performing the exam may be legally required to report the assault to law enforcement. You can learn more about the mandatory reporting laws in your specific state by consulting RAINN’s State Law Database.
- Follow-up Care and Resources: You will be offered preventative treatment for sexually transmitted infections (STIs) and may require follow-up medical care. Depending on the facility and your location, a follow-up appointment might be scheduled for you. If not, you can request information about resources in your community that provide ongoing care for survivors of sexual assault. The exam site can also provide information and resources about your options for reporting the assault to law enforcement, if you choose to do so.
Who is Qualified to Perform a Sexual Assault Forensic Exam?
Not all hospitals or health facilities have staff specifically trained to conduct sexual assault forensic exams and provide sensitive care to survivors. When you contact the National Sexual Assault Hotline at 800.656.HOPE (4673), you will be directed to a facility equipped to provide the necessary care. Professionals qualified to perform these exams include:
- Sexual Assault Nurse Examiners (SANEs): Registered nurses who have undergone specialized education and training, and fulfilled clinical requirements to expertly perform sexual assault forensic exams.
- Sexual Assault Forensic Examiners (SAFs) and Sexual Assault Examiners (SAEs): These include other healthcare professionals who have received specialized instruction and training in completing sexual assault forensic exams.
Why Should You Consider a Sexual Assault Medical Forensic Exam?
There are several compelling reasons to consider undergoing a sexual assault forensic exam:
- Financial Accessibility: You should not be billed for a sexual assault forensic exam. The Violence Against Women Act (VAWA) mandates that states provide these exams free of charge to remain eligible for federal anti-crime grant funding. If you receive a bill for an exam, immediately contact your local sexual assault service provider for assistance.
- Time to Decide About Reporting: The decision to report a sexual assault is deeply personal and may take time. A forensic exam allows you to preserve critical evidence without immediately committing to reporting. This gives you the space and time needed to make informed decisions about your next steps.
- Increased Likelihood of Prosecution and Prevention: DNA evidence is incredibly powerful in sexual assault cases. Its importance in court proceedings cannot be overstated. Beyond prosecution, DNA evidence can help prevent future assaults. Even if the perpetrator is not prosecuted in your case, their DNA may be added to a national database. This can potentially link them to future crimes and prevent further harm to others.
- Prioritizing Your Health: Sexual assault can have significant impacts on your physical health. You may have injuries, both visible and internal, resulting from the assault. A forensic exam provides an opportunity to address these injuries, receive preventative treatment for STIs, and access emergency contraception to prevent pregnancy, if needed.
How Long is Evidence Stored After a Forensic Exam?
The duration for which evidence from a sexual assault forensic exam is stored varies depending on state and local laws and jurisdictions. The SANE, advocate, or law enforcement officer involved in your case should inform you about the evidence storage period and the regulations for kit disposal in your state. It’s crucial to understand that the evidence storage timeframe may not align with the statute of limitations for legal action against a perpetrator. For questions about evidence storage, statutes of limitations, or any other concerns, please contact your local sexual assault service provider for guidance and support.
Resources:
To connect with a trained professional for support and assistance, call the National Sexual Assault Hotline at 800.656.HOPE (4673) or chat online at online.rainn.org.
