In the aftermath of a sexual assault in Philadelphia, a rape kit is often used. This evidence kit is employed to collect and preserve important evidence for the investigation of the offense. Unfortunately, many people are afraid of the process. So, what are the steps involved with a rape kit?
At Laffey Bucci D’Andrea Reich & Ryan, we understand that the moments after a sexual assault can be some of the most traumatic that anyone can experience. However, by seeking help and using a sexual assault evidence kit, that increases the likelihood of holding perpetrators accountable, according to data from the Rape, Incest & Abuse National Network (RAINN).
We are here to demystify the process and help you get a better understanding of the steps involved with a rape kit.
The First Interaction After Your Sexual Assault
According to the National Sexual Violence Resource Center, one in five women have experienced an attempted or completed rape. Additionally, almost a quarter of men have also suffered some type of sexual violence. In short, anyone can become a victim, and it is important to report these incidents.
After an incident, victims need to seek medical or law enforcement help immediately. Medical personnel or a trained forensic nurse examiner (FNE) usually conduct this initial examination. During this time, they will explain the purpose of the rape kit and the steps involved. All victims have to consent to the kit. Even with consent, they have the right to refuse any part of the examination, allowing them to control the process.
During this stage, the examiner will assess the victim’s physical and emotional health. If the victim has been injured, the medical personnel will address any immediate medical needs, such as injuries that require treatment, before moving on to evidence collection.
Obtaining Your Medical History and Preparing an Incident Report
After consent is obtained, the examiner gathers a detailed medical history from the victim, including any pre-existing conditions, medications, and recent sexual activity. This information is needed to differentiate between injuries or biological material resulting from the assault and those from other causes.
Any victims can expect to be asked questions about the incident. The examiner will ask them to describe the assault in as much detail as possible. Anyone who has been assaulted should be ready to give information about the location, time, and nature of the assault. If the victim took any action after the incident, such as showering or changing clothes, that needs to be noted because it can affect evidence preservation.
A Physical Examination Occurs
Victims can expect a full physical examination. While it is the most stressful part of the process, this step is meant to identify and document any injuries sustained during the assault. The examiner will note any visible injuries, such as bruises, lacerations, or abrasions. Photographs of the injuries may be taken as evidence documentation.
After this, there will be a more thorough examination of the genital and anal areas. For many sexual assault victims, this is an intrusive step. However, it is necessary to gather evidence. A speculum exam may be performed in cases of vaginal penetration to assess internal injuries.
During this phase, the examiner will need to collect swabs from the mouth, vagina, anus, or other areas where bodily fluids may be present. These swabs are important since there could be the presence of DNA to link a suspect to the assault.
Additional Evidence Collection Takes Place
Along with the above, a victim can expect more evidence collection to help in the forensic analysis. This can include the following:
- The victim may be asked to undress over a clean sheet to collect any trace evidence, such as fibers, hairs, or debris.
- Both head and pubic hair samples may be collected by combing the hair to collect loose hairs or pulling hairs to obtain root material.
- Blood and urine samples may be taken to test for drugs or alcohol, especially if the victim believes they were drugged.
- If the victim reports that a foreign object was used during the assault, the examiner may collect any residue or material that may have been left behind.
The Provision of Post-Examination Care
After the evidence collection is complete, a victim will receive treatment for any injuries. They may also receive preventive treatments for sexually transmitted infections and emergency contraception. During this time, the examiner may discuss follow-up care, including medical check-ups and counseling services.
Along with that, the victim will be offered information for counseling services to get them emotional support. They may be connected with a legal advocate who can assist them if they choose to pursue charges. These support services are available anytime, even if they initially decline them.
Submission of the Rape Kit
After the physical examination and interviewing, the rape kit is submitted to the appropriate authorities for forensic analysis. The kit is transported to a crime lab where forensic experts analyze the evidence.
The results can take several weeks to months, depending on the lab’s workload and the case’s complexity. Once the analysis is complete, the results are provided to law enforcement. If they have a suspect, they can use this evidence to build a case against them.
While the process may seem intrusive, these steps in a rape kit can help to bring sexual assault perpetrators to justice.
After a sexual assault, it can be difficult to take the next steps in your case. At Laffey Bucci D’Andrea Reich & Ryan, we understand that you have questions during this difficult time. Our legal team is always here to offer a free, private consultation to discuss your concerns and provide support during these times.