Hospital/Community Facility Procedural Guidelines for the Forensic & Medical Examination of Adult Sexual Assault Victims in Kentucky

Transcription

1 KENTUCKY ASSOCIATION OF Kentucky Sexual Assault Evidence Collection Protocol Hospital/Community Facility Procedural Guidelines for the Forensic & Medical Examination of Adult Sexual Assault Victims in Kentucky S A R T SEXUAL ASSAULT SANE/SART Coordinator KY Association of Sexual Assault Programs 106A St. James Court, Frankfort, KY Phone: , Fax: sanecoordinator@kasap.org PROGRAMS March 2002

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3 PREFACE Traditionally, the successful prosecution of sexual assault cases has been difficult. Since the victim often is the only witness to the crime, the collection of physical evidence, as well as the documentation of trauma is important in order to substantiate the history given and to help strengthen a case for court. No one knows how many actual assaults take place each year. Some victims choose not to report the assault because of embarrassment, fear, and the trauma they experience as a result of the assault. Others don t report due to a lack of faith in the medical treatment process, as well as in the criminal justice system. For those that do report, evidence collection and medical treatment is vitally important. Evidence from the offender and the crime scene often may be found on the body and clothing of the victim. When immediate forensic and medical attention is received, the chances increase that some type of physical evidence will be found. Conversely, the chances of finding physical evidence decrease in direct proportion to the length of time that elapses between the assault and the examination. Professional and unbiased forensic examination can provide evidence for successful prosecution of an offender or lead to the release of someone falsely accused. Ideally, the task of collecting physical evidence from the body of a victim in sexual assault cases should be performed by sexual assault nurse examiners (SANE) and forensically trained physicians in hospital emergency departments or sexual assault examination facilities. A SANE is a registered nurse licensed in Kentucky who has completed the required didactic, clinical, and continuing education components and possesses a SANE credential issued by the Kentucky Board of Nursing. Only nurses with this credential may use the initials SANE. The role of the SANE or physician is to: 1. gather an appropriate forensic and medical history, 2. identify, collect, preserve and document evidence, 3. determine if the evidence is consistent or inconsistent with the history given, 4. diagnose and/or treat within the scope of practice of the physician or nurse, 5. refer for appropriate treatment and follow-up care, and 6. testify in court proceedings. These professionals also promote recovery of the victim with compassionate and timely care, as well as refer to community resources. The primary purpose of this document is to assist examination facilities to: minimize the physical and psychological trauma to the adult victim of a sex crime maximize the probability of collecting and preserving the physical evidence for potential use in the criminal justice system address important issues surrounding the collection of medical and physical evidence For the purpose of this document the term "victim" is used rather than "survivor" to emphasize that the individual presenting to a facility with the history or complaint of sexual assault is the victim of a criminal act. A35

4 KENTUCKY ASSOCIATION OF ACKNOWLEDGMENTS In 1985, the U.S. Department of Justice, Office of Justice Programs, Office for Victims of Crime, funded the Illinois Attorney General s Office and Martha Goddard to develop a uniform evidence collection protocol for hospital treatment of sexual assault victims. Once the protocol was published, Ms. Goddard received further funding from the Office for Victims of Crime to provide technical assistance to 14 states to develop and implement a comprehensive forensic and medical protocol for sexual assault examinations. In 1988 the Victims Advocacy Division of the Kentucky Attorney General s Office began work on the first Commonwealth of Kentucky protocol, and the Kentucky Sexual Assault Medical Protocol Committee was formed. This task force reviewed and revised a report from the National Advisory Committee and made recommendations based on their expertise and experience. This report was titled "Sexual Assault/Abuse: A Hospital/Community Protocol For Forensic And Medical Examination." In March of 1996, House Bill 495 directed physicians and credentialed sexual assault nurse examiners to perform sexual assault forensic examinations in compliance with a statewide medical protocol developed by the office of the Chief Medical Examiner. In 1999 the Governor created a task force to specifically address sexual assault issues. The Governor s Task Force Report mandated that a guide to implementing the statewide medical protocol be developed. In October 2000, the Kentucky Association of Sexual Assault Programs organized a statewide SART Steering Committee, under which a working group was formed to address this task. Using a preliminary document developed by the Medical Examiner s Office, members of the criminal justice system, victim advocacy, forensic medicine, forensic nursing, and other professionals worked to produce this final product. In 2002 the Hospital/Community Procedural Guidelines for the Forensic and Medical Examination of Adult Sexual Assault Victims in Kentucky was published and distributed throughout the state. While many all over Kentucky collaborated on this project, thanks also goes to others throughout the United States who shared their uniform protocols, time, and knowledge to aid in addressing the evidentiary, medical and emotional needs of this population. S A R T SEXUAL ASSAULT PROGRAMS A36

5 Table of Contents General A39 Reporting Payment Consent Sensitivity to Victim Needs A41 Confidentiality Victims of Domestic Violence The Elderly Victim The Special Needs Victim The Male Victim The Deceased Victim The Lesbian/Gay/BiSexual Victim The Child Victim Adult Protocol in Medical Examinations A44 Evidence Gathering Initial Law Enforcement Response Support Personnel Facility/Hospital Personnel Facility Procedures Sexual Assault Response Teams Types of Programs Transfer of Victim Forensic Examination Records A47 Documentation of Pertinent Information A48 Date/Time of Collection & Time of Assault Offender(s) Description Action of Victim Since Assault Contraceptive/Menstruation Information History of Assault Location of Assault Date of Last Coitus Medical History Gynecological History Physical Examination Details Drawings Photographs Photographic Guidelines A50 Timeline to Examinations A51 Attending Personnel A51 Spermatozoa and Semen A52 Swabs and Smears A53 Evidence Collection and Handling A53 Packaging and Labeling Clothing A37

6 Kentucky State Police (KSP) Sexual Assault Evidence Collection Kit A55 Medical and Assault History Blood Standard Underpants Bag Pubic Hair Combings Pulled Pubic Hairs Vaginal Swabs and Smears Penile Swab Other Evidence Anal Swabs Oral Swabs Dried Secretion Swabs Female External Genital Swabs Control Swabs Pulled Head Hair Known Buccal Standard Anatomical Drawings Completed Form Other Collection and Documentation Evidence Integrity/Chain of Custody A62 Analysis and Distribution of Specimens A62 Post-Examination Information A63 After-care Form Follow-up Contact Informational Brochures Clean-up/Clothing Change Transportation Medical Considerations and Testing A65 Toxicology Blood/Urine Screen Blood/Urine Collection for Alcohol/Drug Determinations Sexual Assault and Sexually Transmitted Infections A66 Adults and Adolescents Evaluation for Sexually Transmitted Infections Emergency Contraception A68 Risk for Acquiring HIV Infection A68 Testing Guidelines Access to Medical Facility and Records A69 National, Federal & State Assistance Numbers for Victims A70 After-Care Information Sheet for Victim A72 A38

7 GENERAL INFORMATION REPORTING Victims of sexual assault should be given information on how to report the incident to law enforcement. The victim should be informed that s/he may be responsible for the costs of medical treatments other than procedures involved in the forensic examination. If adult victims are reluctant to sign a consent form for the collection of evidence, they should be assured that cooperation in collecting physical evidence will not obligate them to pursue prosecution of their case. However, at this time, reimbursement from the Rape Victim Assistance Fund for the forensic examination is contingent upon reporting to a law enforcement agency. The victim should be informed that the Commonwealth of Kentucky, through the Crime Victim Compensation Fund, may be able to reimburse some expenses if certain requirements are met. There will be times when a victim will choose not to report the crime to law enforcement, yet will seek medical care. Every effort should be made to understand the reasons why the victim will not report the crime. This may lead to an opportunity to educate the victim about services as well as dispel myths or misinformation. Nevertheless, there are victims who make the decision not to report the crime. It is still recommended to perform a medical examination, offer prophylactic medication, and provide referrals to community services. PAYMENT As outlined in 40 KAR 3:010, the Rape Victims Assistance Fund provides payment to examination facilities for use of the examination room and lab tests, and to physicians or SANE s for conducting the sexual assault examination. For information on how to apply for this reimbursement, contact the Rape Victims Assistance Program at (502) A39

8 CONSENT Obtaining a patient's written consent prior to conducting a medical examination or administering treatment is standard practice. However, consent for the collection of evidence must also be obtained for the forensic examination. In addition, facilities must gain consent in order to use the photographs obtained for teaching purposes, if they plan to do so. This may either be a separate form or included within the consent for treatment/evidence collection form. Without this documented consent, those photographs should not be used for teaching or any other purposes other than for that individual case. Informed consent should be an ongoing educational process that involves more than obtaining a signature on a form. When under stress, many victims may not always understand or remember the reason for unfamiliar, embarrassing, and sometimes intimidating procedures. Therefore, all procedures should be explained as much as possible, so that the victim can understand what is being done and why. Although much of the examination and evidence collection process can be explained by the support person, this function is ultimately the responsibility of the individual(s) performing the forensic examination and providing medical treatment. When written consent is obtained, it should not be interpreted as a 'blank check' for performing tests or pursuing questions. If a victim expresses resistance, the examiner should immediately discontinue that portion of the process and consider going back to it at a later time in the examination if the victim then agrees. The examiner should explain why that portion of the process is needed. In either event, the victim has the right to decline any tests or procedure. Having a sense of control is an important part of the healing process for victims, especially during the early stages of examination and initial interviewing. It is also important to remember that consent to have a support person present during the exam must be given by the victim prior to the introduction of that person. However, Kentucky Regulation 502 KAR 12:010 states that prior to the forensic examination, the facility shall contact the rape crisis center to inform the on-call advocate that a victim has arrived at the health facility for an examination. After that advocate arrives, seek consent from the victim for the advocate to be present during the exam. Also, at any time throughout the treatment and evidence collection process, the patient should be able to decline further interaction with the designated support person and/or request that the support person leave. Hospitals and examination facilities should follow their usual procedures for obtaining consent in extraordinary cases, e.g., for severely injured or incoherent patients. Minors are also legally capable of consenting to an examination without parental consent as stated in KRS 216B.400. A40 4

9 SENSITIVITY TO VICTIM NEEDS SENSITIVITY TO VICTIM NEEDS Some sexual assault victims suffer severe physical injuries, contract a sexually transmitted or other communicable infection, or become pregnant as a result of the attack. In each situation, victims will experience varying degrees of psychological trauma, although the effects of this trauma may be more difficult to recognize than physical trauma. An individual's perception of how sexual assault victims should look, dress or act, and the way those perceptions are conveyed can have a significant effect upon the victim's recovery process in the weeks and months following the crime. Each person has his or her own method of coping with sudden stress. When severely traumatized, victims can appear to be calm, indifferent, submissive, jocular, angry, or even uncooperative and hostile toward those who are trying to help. All of these responses are within the normal range of anticipated reactions. An inappropriate response to information concerning the circumstances surrounding the assault or a misinterpretation of a victim's reaction to the assault may lead to further trauma and hinder the interview or evidence gathering process. It is recommended, therefore, that examiners are knowledgeable of local and regional community resources so referrals may be made on a case by case basis. Additionally, it is imperative that professionals from law enforcement, victim advocacy, and health care respect cultural diversity. Individuals hold a variety of beliefs that may not be congruent with those offering services. It is important that providers are considerate of these differences in their community. For instance, in certain cultures, the loss of virginity is an issue of paramount importance that may render the victim unacceptable for an honorable marriage; in other cultures, the loss of virginity may not be as great an issue as that of the assault itself. Also, religious doctrines may prohibit a female from being disrobed in the presence of a male who is not her husband, or forbid a genital examination by a male. Such practices are considered a further violation. In such instances, a female examiner should be made available for victims who request them if possible. CONFIDENTIALITY Only those staff members directly involved in evidence collection, investigation or medical care of the victim need to be included in the discussion of the history or findings. It is important that investigators, victim advocates, and facility healthcare personnel only discuss the case with those who have a LEGITIMATE interest in the case. It is the victim s decision to disclose the sexual assault or withhold information from family and friends. In addition, facilities should maintain a No Information policy when dealing with members of the media. All questions from the media should go to a designated person or department such as Administration or Public Relations. VICTIMS OF DOMESTIC VIOLENCE Health care professionals must be cognizant of marital rape when dealing with domestic violence cases. Referrals for support services are critical for both the victim and others who may live within the household. Every facility that provides evidentiary collection services must also have knowledge of community services such as domestic violence shelters and be aware of the procedures for placement of both the victim and children or others. Kentucky law requires reporting situations of domestic violence to law enforcement. 5 A41

10 SENSITIVITY TO VICTIM NEEDS THE ELDERLY VICTIM In addition to being at an increased risk for more severe pelvic injuries and contracting sexually transmitted infections during a sexual assault, the older victim may also have an increased risk for other tissue or skeletal damage and exacerbation of existing illnesses and vulnerabilities. The examiner may need to be extra cautious during the exam to help prevent further damage to the elderly victim s frail skin and membranes. VICTIM WITH SPECIAL NEEDS Communication Disabilities: Under Section 504 of the Federal Rehabilitation Act of 1973, any agency (including hospitals and police departments) that directly receives federal assistance or indirectly benefits from such assistance, must be prepared to offer a full variety of communication options in order to ensure that hearing-impaired persons are provided effective health care services. One option which must be provided at no cost to the patient includes providing interpreters who can accurately and fluently communicate information in sign language. Under Title 111 of the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973, all businesses and services operated by private entities are legally obligated to ensure the provision of public accommodations of the deaf and hard of hearing individuals to obtain equal access to services. It is imperative that facilities have established protocols in place prior to servicing a victim with special communication needs. A family member who has some sign language skills does not constitute a qualified professional interpreter and does not exempt hospitals or examination facilities from accountability. Language: It is also inappropriate to use a family member to interpret for any victim of sexual assault, other than in a life-threatening emergency, as at times the interpreting family member may in fact be the perpetrator. Follow facility guidelines for obtaining an appropriate interpreter. Other: The Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973, also protects individuals with other disabilities including but not limited to developmental disabilities, traumatic brain injuries, and learning disabilities. THE MALE VICTIM It is believed that the number of adult male victims of sexual assault who report the crime or seek medical care or counseling represents only a very small percentage of those actually victimized. Many adult males do not seek medical care unless they also have been seriously injured. Referrals to available therapists or advocacy groups with expertise in the area of sexual assault of males are vital to assist in the recovery process. A42 6

11 SENSITIVITY TO VICTIM NEEDS THE DECEASED VICTIM Death investigations sometime indicate the possibility of an associated sexual assault. When such a case exists, it is appropriate to collect specimens and standards from the victim's body during the postmortem examination (autopsy). Such collection should be performed by the medical examiner. Medical personnel having access to the body at a scene or in an emergency department should not attempt to collect evidence unless so directed by the county coroner. The evidence collection process described in this document can be used for deceased persons. The basic collection instructions are modified to require the collection of all necessary and obtainable standards such as blood samples, saliva samples, pulled head hairs and pulled pubic hairs. It is important that the standards are adequate and representative, as the autopsy is the last opportunity to obtain those standards from a deceased victim. THE LESBIAN/GAY/BISEXUAL VICTIM Whatever the motivation of the assailant, a sexual assault is as traumatic to the lesbian, gay, or bisexual victim as it is to heterosexual victims. It is unnecessary for the victim to disclose their sexual orientation to the attending personnel. It is important to resist assuming that every victim is heterosexual. In addition, it is not always the case that the victim of a samesex sexual assault is homosexual. Using the term "partner" may be preferred instead of "wife" or "husband". THE CHILD VICTIM As stated in KAR 20:411, SANE s are trained to perform forensic evaluations on victims fourteen (14) years of age or older. Therefore, victims under the age of 14 should be evaluated by a pediatric physician either at a Child Advocacy Center, a pediatric hospital, or other facility that utilizes pediatric physicians. 7 A43

12 MEDICOLEGAL EXAMINATION - ADULT PROTOCOL THE SEXUAL ASSAULT MEDICOLEGAL EXAMINATION ADULT PROTOCOL EVIDENCE GATHERING Some of the following evidence gathering procedures set forth herein will be completed at the facility with the results sent to the officer or the prosecutor assigned to the case. The law enforcement officer involved may provide a sexual assault evidence collection kit. However, it is recommended that facilities have a supply on hand. The kits can be obtained from the Kentucky State Police and/or the KSP Forensic Laboratory. Once the kit is opened, chain of custody must be maintained until it is transferred over to the law enforcement officer and subsequently the KSP Forensic Laboratory. INITIAL LAW ENFORCEMENT RESPONSE Many adult victims of sexual assault will have their first contact with a law enforcement officer following the assault. The primary responsibilities of this officer should be: 1. Ensuring the immediate safety and security of the victim. 2. Securing the crime scene. 3. Obtaining some basic information about the assault in order to apprehend the assailant. 4. Ensuring transportation of the victim to a designated facility for a forensic examination and medical treatment. At the treatment facility, the responding officer and the physician and/or SANE should share with each other the available information about the assault, which may assist in the examination, evidence collection procedures, and criminal investigation. SUPPORT PERSONNEL The importance of having a support person available for sexual assault victims cannot be overemphasized. Whenever possible, one person should be assigned to stay with the victim throughout the entire facility visit. Support persons with education, experience, and skills can provide the crisis intervention necessary when victims first arrive. They can assist staff in explaining the necessity of medical and evidence collection procedures, and they can counsel family members or friends of the victim who may be at the facility. A support person also can help provide counseling referrals and other information, such as the existence and availability of victim compensation programs or other types of assistance, and emphasize the importance of follow-up care such as answering additional questions. Kentucky s network of rape crisis centers provide victim advocacy services to every county in the Commonwealth. Each rape crisis center has victim advocates available 24-hours a day to assist victims who have specialized training regarding crisis intervention with rape victims. Kentucky s Sexual Assault Medical Protocol, as outlined in 502 KAR 12:010 requires that the hospital or examination facility contact the local rape crisis program when a victim presents to the facility. The facility should contact the rape crisis center and request the victim advocate as soon as they are informed the victim is present or en route. Once the advocate arrives, the victim should be asked whether or not s/he would like the advocate to be present during the exam. Some facilities throughout the state may have in-house staff who could provide additional victim support. There may be other community resources available as well. It is important to know which resources are available in your community to assist the victim. A44

13 MEDICOLEGAL EXAMINATION - ADULT PROTOCOL FACILITY OR HOSPITAL PERSONNEL According to KRS 216B.400, hospitals providing emergency services shall have 24-hour access to either a SANE or physician to perform the exam. Regardless of who treats the victim, the examiner should have education, experience, and knowledge in the identification, collection, documentation, and preservation of evidence of sexual assault victims. FACILITY PROCEDURES Victims of sexual assault should be considered medically emergent. Many victims may not have visible signs of serious physical injury. However, they will, at the very least, be suffering from emotional trauma. Sexual assault cases should be triaged and processed as quickly as possible, and attempts should be made to place the victim in a private location other than a public waiting room. SEXUAL ASSAULT RESPONSE TEAMS A Sexual Assault Response Team (SART) is a multidisciplinary approach to responding to the crime of sexual assault. The team is comprised of representatives from law enforcement, an advocacy program, and a SANE or a physician. The team approach enhances communication between all disciplines, and is victim-focused. Each community will develop its own policies and procedures for the operation of SART. Fundamental to those policies and procedures is the process that will deploy the team members, determine how the interview is to be conducted, and outline the process for maintaining chain-of-custody, etc. It is highly recommended that a team interview be conducted with the victim so s/he does not repeat the history multiple times to multiple people. However, each SART may vary in this procedure. During the interview the SANE or physician can obtain much of the medical and forensic information needed prior to the examination. During the examination the SANE or physician shall obtain a detailed medical history as well. Additionally, during the exam, the investigator does not need to be in the room, and depending on the SART protocol, may leave the facility while the victim undergoes the examination process. The victim is given the option as to whether or not s/he prefers the advocate and/or someone else to be present during the examination. After the medical-legal examination, the victim is given follow-up instructions and medication as prescribed. The SANE or physician maintains chain of custody of the Sexual Assault Evidence Collection Kit in a locked or secure location as per an established SART protocol, and a member of law enforcement can return to pick up the completed evidence collection kit at a later time. By utilizing this approach, members are able to conduct a team interview, perform the medical-legal examination, and provide much needed referral information to victims of sexual assault in a compassionate and timely fashion. TYPES OF PROGRAMS Some communities choose to operate their SART programs from facilities other than hospitals. For example, Grand Rapids, Michigan operates a SART program from the local YWCA. Several Child Advocacy Centers in Kentucky are exploring options to include a separate SART room for treatment of adult sexual assault victims. A few SANE programs operate independently, with the SANE s having privileges at several of the local hospitals. It is important to note that each community is different, therefore what works in one community may not work well in another. This emphasizes the need for effective collaboration and communication among the differing agencies in each community to decide how their program will work. A45

14 MEDICOLEGAL EXAMINATION - ADULT PROTOCOL TRANSFER of Victims It is advantageous for all victims of sexual assault to seek a medical-legal examination from a hospital or sexual assault examination facility with staff specifically trained to offer this service. Private physician office facilities or local clinics usually do not have evidence collection kits on hand, and may not be familiar with specific evidence collection procedures relevant to sexual assault victims. Additionally, many private offices or neighborhood clinics are not open on a 24-hour basis, and may not have equipment available. If a victim of sexual assault arrives at a facility that is not equipped to provide a sexual assault examination, arrangements shall be made to transfer the victim to the nearest designated treatment facility. Each transfer and examination may lead to the loss or destruction of evidence, so whenever possible, effort should be made to preserve this evidence. However, any acute medical injuries requiring immediate treatment should be treated at the initial receiving facility. A copy of all records, including any X-rays taken, should be transported with the victim to the designated treatment facility. All medical facilities receiving federal funds, including Medicare and Medicaid payments, are prohibited from refusing treatment or transferring any victim whose condition is not stable (Consolidated Omnibus Budget Reconciliation Act [COBRA]; Section 9121, 1888 (a) (1)( (I), 18(a)(1)(l), 1867; 1985) Transfer plans should be developed in conjunction with other treatment facilities in the immediate and surrounding community, and the list of designated facilities should be provided to all local law enforcement agencies and victim advocacy organizations. SART programs can be instrumental in the development of transfer policies. This action will greatly reduce the amount of confusion incurred by those victims who are initially taken or referred to a non-treatment facility, as well as reduce the potential for loss of evidence. A46 10

15 DOCUMENTATION MEDICOLEGAL EXAMINATION DOCUMENTATION FORENSIC EXAMINATION RECORD Findings from the physical examination should be documented as completely as possible on the forensic examination record. Sexual assault prosecutions may not always require the presence or testimony of the attending healthcare provider; however, there will be times when it is necessary. If testimony is needed, a thorough and legible record, accompanying body diagram, and photographs will assist the SANE or physician in recalling the incident. When gathering information necessary to perform the medical and forensic examination, THE EXAMINER MUST BE CAREFUL NOT TO INCLUDE ANY SUBJECTIVE OPINIONS OR CONCLUSIONS AS TO WHETHER OR NOT A CRIME OCCURRED. The indiscriminate use of the term "rape" or "alleged sexual assault" on the forensic examination record documents is a conclusion that may prejudice future legal proceedings. Examiners should always document objective findings and use quotations as much as possible. Additionally, SANE s and physicians are not 'investigators' for law enforcement. They should not ask for details beyond what is necessary to perform the medical and forensic evidence collection tasks. For example, it is necessary for the examiner to have knowledge of what position the victim and assailant were in during the assault. This is important because it aids the examiner in determining the site and extent of any injuries that may have occurred. However, in most cases it is not necessary for the examiner to ask or document what the victim was doing hours prior to the assault unless it has evidentiary value related to the exam. 11 A47

16 PERTINENT INFORMATION pertinent information that should be included on the appropriate forms: 1. Date and Time of Collection/Date and Time of Assault It is essential to know the period of time that has elapsed between the assault and the collection of evidence. The presence or absence of physical evidence may correspond with the time interval since the assault. 2. Offender(s) Description Forensic serologists seek evidence of cross-transfer of trace materials among the victim, assailant(s), and the scene of the crime. These trace materials include foreign hairs and secretions from the assailant(s) on the victim. The gender of the assailant may determine the type of foreign secretions which might be found on the victim s body and clothing. Therefore, document the gender of the assailant, and whether to search for foreign semen or vaginal secretions. It is also important to document the race and age(s) of the assailant(s), if known. 3. Action of Victim Since Assault The quality of evidence is critically affected both physically and chemically by actions taken by the victim and by the passage of time. Therefore, it is important to document any information provided by the victim about such action. For example, the length of time that elapses between the assault and the collection of evidence, as well as selfcleansing efforts of the victim, can affect the presence of semen found in the vagina or rectum. Trace evidence such as foreign hairs, fibers, plant material or other microscopic debris may also be lost if the victim has showered, douched, brushed teeth, or changed clothes since the time of the assault. Failure to explain the circumstances under which evidence might have been destroyed may jeopardize criminal prosecution if apparent contradictions cannot be accounted for in court. 4. Contraceptive/Menstruation Information Certain contraceptive preparations can interfere with accurate interpretation of the preliminary chemical test frequently used by crime laboratories in the analysis of potential seminal stains. In addition, contraceptive foams or creams can destroy spermatozoa. Lubricants of any kind, including oil or grease, are trace evidence and may be compared with potential sources left at the crime scene or recovered from the body of the assailant. Knowing whether or not a condom was used also may be helpful in explaining the absence of semen. Tampons and sanitary napkins can absorb all of the assailant's semen, as well as any menstrual blood present. These hygienic devices are collected immediately after the assault. They should be dried, packaged in paper, labeled, sealed and sent for analysis. 5. History of Assault A48 An accurate description of the assault is crucial to the proper collection, detection, and analysis of physical evidence. Documentation should include a description of oral, rectal, or genital penetration of the victim, including what was used to penetrate; oral contact by the offender; and whether or not ejaculation occurred (if known by the victim). Analytical findings by the crime laboratory can corroborate the victim's history of the event.

17 PERTINENT INFORMATION 6. Location of Assault Information regarding the location of the assault should be recorded (i.e., car, rug, grass, alley). This information will assist the healthcare provider with an indication of where to look for evidence and what evidence to collect such as hairs, fibers, plant material, or other trace material. 7. Date of Last Coitus When analyzing semen specimens in sex-related crimes, forensic analysts sometimes find genetic markers which are inconsistent with a mixture from only the victim and the assailant. A mixture of semen from an assailant and the victim's previous sexual partner could lead to blood grouping results which, if unexplained, could conflict with the victim's own account of the assault. Forensic analysts request that examiners ask victims if they engaged in other sexual intercourse within one week prior to the assault. If so, victims are then asked the date of the contact in order to help determine the possible significance of semen remaining from the prior sexual contact. As with all procedures, it is important to explain to the victim why this information is needed. Otherwise, the victim may interpret these questions as unnecessarily intrusive into events not related to the assault. The recollections of the victim may become less accurate if they go unsolicited until after the crime laboratory identifies discrepancies between the assailant(s) DNA profile and the DNA profile of the seminal stains. In some cases, several months may elapse between the initial medical examination, the crime laboratory analysis, and the followup interview with the prosecutor and victim. Therefore, obtaining this information as soon as possible is highly important. 8. Medical History A medical history of the victim should be recorded. This should include vital signs, any allergies, current medication, acute or chronic illness, surgery and any post-assault symptoms such as bleeding, pain, loss of consciousness, nausea, vomiting or diarrhea. 9. Gynecological History Gynecological information including menstrual history, pregnancy history, and contraceptive history should be evaluated and recorded. If indicated, a pregnancy test should be done to determine a pre-existing pregnancy. 10. Physical Examination Details: Photographs and Drawings During the general physical examination, all details of trauma, such as bruises, abrasions, lacerations, bitemarks, blood or other secretions should be recorded, with particular attention paid to the genital and rectal areas of the victim. The victim s history can be used to determine which areas need to be examined closely for potential injuries. Accurate descriptions of injuries are vitally important as they may be used later in court. 11. Drawings Anatomical drawings should be used to show the location and size of the injury, along with written description of the trauma. These should be included in the examination record. 13 A49

18 PHOTOGRAPHIC GUIDELINES 12. Photography Examination facilities should have photographic equipment and established protocols for film development. There may be some victims who decline the use of photographic documentation. Every effort should be made to educate the victim on the importance of this tool. If the victim continues to decline photographs, it is necessary to abide by his/her wishes and make a notation in the record. Photographic documentation provides a clear graphic depiction of the injury or condition. Understanding of the full extent of a victim's injury or condition can be enhanced when a written description or drawing is combined with photographic documentation (photo, video). Recommended Photographic Guidelines Obtain victim consent to photograph. Maintain privacy and expose only what is necessary. Use color film. For bites use both color and black and white film. Photograph only one case per roll of film or tape. Photographs may be taken with a 35mm, Polaroid, or digital camera. For purposes of victim identification and location of the injuries or condition, photograph the clothed or gowned victim in full-body, exposing the face. A ruler should be used to indicate the size of the injury. If a ruler is not present, using an object with a universal and constant size may be helpful, such as a quarter. Take photographs with and without the ruler. The photographer should be knowledgeable about the camera flash and focus range. This is usually within 2 to 15 feet. Take orientation photographs of the finding. For example, if the injury is on the left elbow, it is important to take a photograph of the entire extremity or full body. Always take close-up photographs of the injury at a 90 degree angle. An injury should be photographed prior to cleaning and after cleaning. Bruises may appear hours or days after the event. Procedures should be in place to photograph them. Follow-up photographs or video may be necessary to provide information on resolving injuries. Be sure to inform the victim of this option. Facility protocols should address proper education concerning photography, film development and distribution. A50 14

19 EXAMINATION PROCEDURES/ATTENDING PERSONNEL EXAMINATION PROCEDURES If the assault occurred within 96 hours prior to the examination, then the forensic exam should be conducted with the Sexual Assault Evidence Collection Kit. These kits may be obtained from the Kentucky State Police or a KSP forensic laboratory. It is not recommended to utilize the evidence collection kit if it is determined that the assault took place more than 96 hours prior, except in the case of deceased victims. It is unlikely that trace evidence would still be present on the victim. However, evidence may still be gathered by documenting any findings obtained during the examination (such as bruises or lacerations), photographs and bitemark impressions (if appropriate), and statements about the assault made by the victim. An examination should be performed in all cases of sexual assault, regardless of the length of time that may have elapsed between the time of the assault and the examination. The purpose of this examination is to look for any physical injuries that may have occurred as a result of the assault, and to provide possible testing and/or medications, if indicated, as well as referrals for further medical treatment and counseling when appropriate. When a sexual assault examination is performed, it is vital that both the medical and evidence collection procedures be integrated at all times. This coordination of procedures is crucial to the successful examination of sexual assault victims. For example, in order to minimize patient trauma, blood drawn for medical purposes should be done at the same time as blood drawn for evidence collection purposes. Also, when evidence specimens are collected from the oral, vaginal, or rectal orifices, cultures for sexually transmitted infections (STI s) can be taken immediately following these collection procedures, if appropriate. If the victim consents to prophylactic antibiotic treatment, cultures for STI s do not need to be obtained unless indicated or requested by the victim. ATTENDING PERSONNEL The only people who should be with the adult victim in the examining room during the examination are the healthcare providers and, with the consent of the victim, a trained support person. Although every effort should be made to limit the number of people in attendance during the examination, there may be instances when a victim requests the presence of a close friend or family member. If at all possible, these requests should be honored. Note: If there is an indication that the assault has taken place in the context of a domestic violence situation and the suspected perpetrator is present, every effort should be made to interview and examine the victim without the suspected perpetrator in the room. 15 A51

20 SPERMATOZOA AND SEMEN SPERMATOZOA AND SEMEN The following brief explanation is offered to clarify the importance of spermatozoa and semen and the role each can play in the forensic analysis of sexual assault evidence. Semen is composed of cells known as spermatozoa, and fluid called seminal fluid. Historically, medical and law enforcement personnel have placed significant emphasis on the presence of spermatozoa in or on the body or clothing of a sexual assault victim as the most positive indicator of sexual assault. The finding of spermatozoa is useful for two reasons: 1. It is positive indication that ejaculation occurred and that semen is present. 2. Spermatozoa are a source of Deoxyribonucleic acid (DNA). Seminal fluid is useful for two purposes: 1. In the absence of spermatozoa, seminal fluid components can be used to identify semen. 2. Seminal fluid is produced in the ejaculate of all males. This fluid may contain epithelial cells or wbc s which can yield a DNA profile. Many sexual assault offenders are sexually dysfunctional and do not ejaculate during the assault. Additionally, offenders may use a condom, have a low sperm count (frequent with heavy drug or alcohol use), ejaculate somewhere other than in an orifice or on the victim's clothes or body, or fail to ejaculate if the assault is interrupted. For these reasons, a lack of spermatozoa is not conclusive evidence that an assault did not occur; it only means that spermatozoa may have been destroyed after being deposited or that they may never have been present. The absence of semen means only that no ejaculation occurred, or that various other factors contributed to the absence of detectable amounts of semen in the specimen. In many cases, the perpetrator will claim that the sexual contact was consensual, commonly known as the "consent defense." In these cases, the finding of semen or sperm is not as important as it is when sexual contact is denied by the perpetrator. In "consent" cases, documentation of the victim s injuries and other trace evidence that establishes the use of force will be of utmost importance. Hospitals and examination facilities should not conduct seminal testing for forensic purposes. Crime laboratories generally have the legal mandate, appropriate equipment, specialized training and ultra-sensitive techniques that enable them to detect even minute traces of semen and spermatozoa. They are also able to conduct DNA analysis of semen. It is not uncommon for crime laboratories to detect traces of semen despite reports from the hospital of negative test results for spermatozoa and seminal acid phosphatase. Unfortunately, the forensic analyst must then explain in court the apparent contradiction with the hospital laboratory findings. A52 16

21 SWABS AND SMEARS/EVIDENCE COLLECTION AND HANDLING SWABS AND SMEARS Prior to collection of any swabs or smears, any injury to orifice areas should be documented and photographed. If indicated, photographs may also be taken after swabs have been collected. Depending upon the type of sexual assault, semen may be detected in the mouth, vagina, rectum, or other parts of the body. In cases where a victim insists that contact or penetration involved only one or two orifices (or in some circumstances, no orifices at all), the evidence collection may be curtailed in accordance with the victim's statements and at the discretion of the examiner. Powderless gloves should be used and changed frequently to avoid cross-contamination of evidence. Additionally, when collecting swabs, the examiner should take special care not to contaminate the individual collections with secretions or matter from other nearby structures. Such contamination may unnecessarily jeopardize the integrity of the evidence and future court proceedings. If victims must use bathroom facilities prior to the collection of these specimens, they should be cautioned that semen or other evidence may be present in the genital area and to take special care not to wash or wipe until after the evidence has been collected. NOTE: If urine is needed for additional testing, it should be collected at this time. A hard lead pencil should be used when labeling frosted-end slides to lessen the chance that the labeling information will become smudged. EVIDENCE COLLECTION AND HANDLING PACKAGING AND LABELING In order to prevent the degradation of biological fluid stains and the loss of hairs, fibers, or other trace evidence, clothing and other evidence specimens must be air dried and then sealed in paper or cardboard containers. DO NOT PACKAGE IN PLASTIC. If the containers are plastic, moisture remaining in the evidence items will be sealed in, making it possible for bacteria to quickly destroy biological evidence. Unlike plastic, paper 'breathes', and allows moisture to escape. Package each item in the designated envelopes provided. The swabs must be air dried prior to packaging. The use of fans and hair dryers could result in transfer or destruction of evidence and therefore should never be utilized. It is always at the examiner s discretion to collect additional swabs as needed. When this occurs it is necessary to package each item in an envelope or paper bag from the facility and label accordingly. EACH ENVELOPE SHOULD BE TAPED CLOSED. The examiner s initials should be written on the envelope along with the contents, date and time of the evidence collected. The kit is then secured with the provided seal and the information on the front completed. 17 A53

22 EVIDENCE COLLECTION AND HANDLING CLOTHING EVIDENCE Frequently, clothing contains important evidence in a case of sexual assault. The reasons for this are twofold: 1. Clothing provides a surface upon which traces of foreign matter may be found, such as the assailant's semen, saliva, blood, hairs and fibers, as well as debris from the crime scene. While foreign matter can be washed or worn off the body of the victim, the same substances often can be found intact on clothing for a considerable length of time following the assault. 2. Drainage of ejaculate from the vaginal or anal cavities may collect on the underpants. If the victim is not wearing any underpants after the assault, it is then necessary to collect the pants, shorts, dress or skirt. Damaged or torn clothing may be significant. It may be evidence of force and can also provide laboratory standards for comparing trace evidence from the clothing of the victim with trace evidence collected from the suspect and/or the crime scene. The most common items of clothing collected from victims and submitted to crime laboratories for analysis are underwear, hosiery, blouses, shirts and slacks. There also are instances when coats and even shoes must be collected. Clothing evidence should be packaged individually in a paper bag. Keeping garments separate also prevents cross-contamination. Prior to the full examination, the examiner must determine if the victim is wearing the same clothing s/he wore during or immediately following the assault. If so, all clothing that appears damaged or has foreign debris, hairs or stains related to the assault should be collected. Prior consent should be obtained from the victim before collecting relevant clothing. If it is determined that the patient is not wearing the same clothing, the examiner should inquire as to the location of the original clothing. This information should then be given to the investigating officer so that he or she can make arrangements to retrieve the clothing before any potential evidence is destroyed. THE UNDERWEAR THE PATIENT IS WEARING SHOULD ALWAYS BE COLLECTED AND SEALED IN THE EVIDENCE COLLECTION KIT. If the victim has been transported to the treatment facility in an emergency vehicle and has been wrapped in or was resting on a sheet, it may be necessary to collect that sheet also. Collection Procedures To minimize loss of evidence, the victim should disrobe over a clean white sheet or paper that has been laid over a cloth or paper sheet. Surface or trace evidence from clothing may be collected individually, wrapped in white paper, and sealed in a collection envelope. If victims cannot undress on their own, it may be necessary to cut off items of clothing. Care should be taken to avoid cutting through existing rips, tears, or stains. Any moist or wet items should be air dried prior to packaging. A54 18