2020 PCrLJ 914 Evidence in Sexual Assault Cases
In a sexual assault case, the victim is the crime scene
The prime responsibility for collection of evidence from him/her rests on the Medical Officer. SWGDAM, a group of scientists representing federal, state and local forensic DNA laboratories in the United States and Canada, observes that history of the incident is extremely important and emphasizes that the Medical Officer should take it down carefully and be guided by it in collection of evidentiary items. SWGDAM states:
“Victims of sexual assault may undergo a sexual assault forensic exam conducted by a healthcare professional. During these exams, items of possible evidentiary value are collected and submitted, upon consent of the victim, for the initiation of a criminal complaint and/or investigation. Prior to collection of evidentiary items, healthcare professionals must consider several factors to assist in guiding their collection and treatment efforts. These factors may include the assault activity, time elapsed since the assault, post assault activities, the age and gender of the assault victim, and mental capacity, to name a few. Evidence collection should be guided by the background history, focusing specifically on the suspect’s actions during the assault. It is not uncommon however, that as a result of the trauma, victims may not be able to organize the memory of the assault or the actions taken by the suspect. In the absence of a victim able to recollect a complete background history, a full range of samples should be collected assisted by the physical assessment.
It further says:
“Additional considerations prior to sample collection must include the activities of the victim following the assault. Activities that may impact evidence collection include bathing, brushing of teeth, mouthwash, vomiting, douching, urination and defecation. Careful consideration of the assault activities and post assault activities prior to sample collection is vital. …Internal swabs such as from the vagina, mouth or rectum may still be viable for collection even after showering or bathing by the victim, dependent upon the length and thoroughness of the cleansing and time since the assault. Internal and external swabs should still be collected even if the victim has bathed, as the bathing may not have been vigorous enough to remove the fluids or DNA from the victim. Also, potential biological evidence deposited onto a substrate such as clothing, towels or paper towels do not have the same time restrictions as biological evidence deposited on, or within, the victim’s body.”
2020 PCrLJ 914 Guidelines for the Collection, Packaging and Transportation of Evidence in Sexual Assault Cases |
DNA, fingerprints, and trace evidence
During the past few decades physical evidence has become increasingly important in criminal investigations and trials. Physical evidence, such as DNA, fingerprints, and trace evidence may “independently and objectively” link a suspect/victim to a crime, disprove an alibi or develop important investigative leads. Physical evidence may also prove invaluable for exonerating the innocent. Scientists and lawyers agree that DNA identification is capable of producing reliable results. Initially, evidence that was suitable for DNA analysis was limited to biological substances that contain nucleated cells. This limitation has been overcome in the last few years with the implementation of mitochondrial DNA sequencing in the forensic arena. Common biological specimen from which DNA can now be successfully isolated and typed are: bones, blood and bloodstains, semen and seminal stains, tissues, organs, teeth, hairs, finger-nails, saliva, urine and other biological fluids.
0 Comments