2020 PCrLJ 914 Guidelines for the Collection, Packaging and Transportation of Evidence in Sexual Assault Cases

         2020 PCrLJ 914 Evidence in Sexual Assault Cases

2020 PCrLJ 914  Guidelines for the Collection, Packaging and Transportation of Evidence in Sexual Assault Cases

Guidelines for the Collection, Packaging and Transportation of 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.

Guidelines for the Collection, Packaging and Transportation of Evidence in Sexual Assault Cases

1. PFSA Sexual Assault Evidence Collection Kits (SAECKs) are designed for the effective collection of evidence from the victims of sexual assault. PFSA SAECKs must always be used for the collection and packaging of evidence in rape/unnatural offences cases.

2. Victim's underwear and garments worn at the time of assault should be collected and packaged in the envelope provided in the sexual assault evidence kit.

3. Evidence should be collected after a thorough evaluation of the assault and background history is obtained, if possible. Documentation typically referred to as medico-legal examination report or certificate (MLC) should contain specific information about the assault, what items were collected during the exam, and personal information from the victim.

4. Prior to collection of evidentiary items, medico-legal examiners 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. History written in the MLC should incorporate descriptive notes on the aforementioned factors.

5. Evidence collection should be guided by the background history, focusing specifically on the suspect's actions during the assault. However, if the victim is unable to recollect a complete background history due to trauma or pre-existing mental incapacity, a full range of samples should be collected assisted by the physical assessment.

6. 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. For example, the analysis of swabs collected by swabbing from areas that are kissed, licked, sucked or bit may be impacted if the victim has showered or bathed between the assault and the time of collection. The victim should therefore be carefully interviewed to record appropriate observations about these post assault activities and findings should be documented on the MLC.

7. 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.

8. Potential biological evidence deposited onto a substrate such as clothing, towels, paper towels or tissue papers do not have the same time restrictions as biological evidence deposited on, or within, the victim's body. Therefore garments and wipes etc. must always be collected and submitted for DNA analysis regardless of the time elapsed since sexual assault.

9. Evidential items are collected with the perspective of recovering as much DNA foreign to the victim as possible during the collection process. Measures should, therefore, be taken to concentrate the foreign material by using the fewest number of swabs necessary for the collection site.

10. If multiple swabs are used during the collection, they should be collected concurrently.

11. If swabs are not taken concurrently, then the order of the swabs collected must be noted, appropriately labeled on the swab packaging and documented. When more than one swab is collected from an area then these swabs should also be collected in a consistent fashion. For example if one moistened swab was used for evidence collection, then the second swab should also be moistened.

12. Only sterile standard cotton tip swabs, provided in PFSA SAECK or otherwise commercially available, can be used for collection of evidence from the body of victim. Homemade swabs and cotton balls etc. should never be used for evidence collection.

13. Swabs should always be properly air dried prior to packaging. Swabs should never be packed in any liquid or preservative.

14. Garments, if blood stained or wet, should be dried prior to packaging.

15. Alleged assaults that may have resulted in deposition of semen externally (victim's clothing, bedding, etc.) should also result in evidence collection because semen will remain indefinitely on these items as long as they are unwashed.