Sexual Assault Evidence Collection Protocol

 
 
 
 
 
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CHILD PROTOCOL
Often a sexual assault with a child victim is referred to as “sexual abuse.” However, for the purposes of this Protocol, it will be referred to as "sexual assault" and defined as set out in the North Dakota Century Code. See Appendix I. 
Intra and Extra-Familial Child Sexual Assault
The sexual assault of children falls into three major categories.
 Sexual assault of a child by a stranger, many times involves kidnapping and/or the use of a weapon. These assaults usually occur on a random basis, are more likely to result in severe physical injuries to the child, and account for a growing number of sexual assault related deaths of children.
 Sexual assault of a child through the use of pornographic materials and exploitation. Many of those involved are "run away" or "throw away" children who are dependent upon the exploiters for physical survival, and in some cases, even affection.
 Sexual assault of a child by a family member or other person known to the child and whom the child trusts to some degree.
Intra-Familial: the offender in child sexual assaults is related to the child victim through blood, marriage, adoption, or common living arrangement. Generally the following relationships are involved:
 The offender is legally related and a member of the child victim’s immediate family (natural or adoptive parent, sibling).
 The offender is a member of the child victim’s extended family (e.g., grandparent, aunt/uncle, cousin).
 The offender is not legally related but is seen by the child as part of the immediate family because the offender lives or has daily contact with the family (step parent, guardian/foster parent, male or female friend of parent).
Extra-Familial: the offender child sexual assault is not “considered” a part of the child’s family. However, this person usually has an opportunity for frequent contact with the child and/or represents an authority figure that the child may believe to be synonymous with trustworthiness. These relationships include, but are not limited to:
 Neighbor
 Day care/school employee
 Clergy, scout leader
 Friend of family
 Baby sitter
Many child victims have been victimized over a period of years. Long-term sexual activity is common in intra and extra-familial situations beginning when the child was three or four years of age or younger, and continuing well into adolescence or until the child leaves home.
There is little opportunity for young children to learn outside the home what constitutes appropriate and inappropriate physical contact with an adult or older child. Secrecy associated with the sexual activity, or threats of personal harm to the child or to the child’s family, may cause the child to sense that something is wrong. However, unless children are educated about proper and improper touching and the importance of telling someone when inappropriate behavior occurs, many children do not understand that they should report the incident(s).
The situation is made even more complicated when the offender is someone whom the child loves and/or trusts, such as a parent or other close family member.
Many times intra- and extra-familial sexual assault begins as fondling or gentle touching, and only escalates to manual penetration or full intercourse after an extended period of time. The offender is usually viewed as an authority who "must know what is best" which often allows the offender to convince the child that the sexual contacts are normal.
Some children become adolescents before realizing, in educational settings or through normal discussions with other teenagers about family life and events, that the sexual contact they have experienced is wrong and does not occur in other households. By this time, however, the child may have assumed a great amount of guilt about the sexual activities and may be even more reluctant to reveal the situation to a family member or any adult.
When an attempt is made to talk to someone about the sexual activity many children are unable to communicate what is happening. Even when the child is quite verbal, the listener may dismiss the account as "make believe" or accuse the child of lying. When no action is taken to protect the child from further abuse, the child may decline to initiate the subject again.
Because of the inability of most children to secure medical treatment on their own, the majority of sexually assaulted children do not receive immediate medical attention. When medical attention is received, it is usually at the request of someone other than the child.
This request is frequently made by: a parent who notices unusual genital soreness, discharge or urinary problems; a teacher who sees a sudden change in the child’s behavior; a relative who suspects physical abuse; or medical personnel who discovers gonorrhea from a vaginal, urethral or throat culture.
Limitations on Prosecution
The law provides that the prosecution of a sexual assault with a child victim must be commenced within a certain number of years from the time of the offense.
The determination of whether an action can be commenced within the appropriate period of time is one that is made by the legislature, law enforcement, and the criminal justice system. However, an awareness of the applicable statute of limitations will provide a better understanding of the time parameters in which assaults must be reported and prosecution commenced.
See Appendix I.
Treatment Facility
Ideally, each hospital that treats adult victims of sexual assault will also have a multi-disciplinary team, available on an on-call basis, for the evaluation and examination of child sexual assault cases.
This team ideally should consist of a pediatrician for the physical examination, and a social worker and/or nurse or SANE to provide victim support and to provide coordination with the law enforcement and child protection agencies. An obstetrician/gynecologist should also be available on an on-call basis to provide consultation and follow-up when necessary. Each team member should be trained in the management and psychodynamics of the child sexual assault victimization.
In the absence of those resources, the minimum requirements should be a readily available physician and nurse, both of whom are trained in the medical and psychodynamic aspects of a child victim of sexual assault.
Intake
Children are often brought to the hospital by a police officer and/or parents who are seeking examination and treatment.
When an officer accompanies the child, the officer should be directed immediately to the emergency/pediatric department so that a brief history of the assault can be provided to the attending medical staff.
If the child’s parent or guardian also is present, he or she should then be asked if there is any additional information about the event that should be shared with the attending medical personnel. In cases involving young children, the parent/guardian also should be asked to provide the attending medical personnel with the child’s medical history.
Since children may tell health professionals things they will not tell their parents or other adults, adolescents and older children should be encouraged to provide much of their own medical history. This interview should be conducted in a private area, and information regarding sexual history (of both males and females), menstrual history and use of birth control should be recorded.
The child’s parents/guardians should be informed about for the physical examination by the attending medical personnel. They should also be told that specific lab tests will be done, the purpose of each test, and when the results will be available.
Reporting
Every case of known or suspected child sexual assault must be:
 Reported to the appropriate child protection services and/or law enforcement agency
 Considered a medical emergency
 Seen without delay by medical personnel only after other acute cases, such as trauma or ingestions
See Appendix I.
Support Personnel
Under no circumstances should the child be left alone during their time at the hospital. Arrangements must be made to provide a support person who can establish a good rapport with the child and remain with the child.
As with adults, an important first step in intervention is to help children regain a sense of control over their bodies. For adolescents, this may be aided by allowing them a choice of the support person to be present during the physical examination. This support person could be a trained hospital social worker or nurse, a trained victim advocate, or a family member.
A support person, of the same sex as the child, can be quite reassuring. In fact, this may be required by many institutions to protect their staff.
Consent
Consent to conduct a medical examination and collect physical evidence should be obtained from parents/guardians of all children under the age of 18. Any child victim may personally consent to emergency care, and any child victim age fourteen or older may personally consent to receive examination, care, or treatment for venereal infection. See Appendix I.
Fortunately, there are few situations when the parent/guardian will refuse to consent to these procedures. However, if consent cannot be obtained from the parent or guardian of the child, and if the child is in danger from his or her surroundings and requires immediate attention, appropriate authorities, such as a social service agency, should be notified immediately. In the case of parental refusal, children may be taken into protective custody by either law enforcement or a child protective service agency – a representative of the custodial agency can then sign an appropriate consent form as temporary guardian of the child.
This temporary custodial transfer will allow the medical staff to provide diagnosis and treatment, the child protective and law enforcement agencies to investigate the assault, and at least on a short-term basis, protection of the child from further abuse.
Child Interviews
The attending medical personnel will get the information necessary to complete the medical examination and for the collection of evidence. The law enforcement representative in conjunction with support personnel (preferably a child protection services worker) has the responsibility of investigating the allegations of suspected child sexual assault or neglect. It is important for all responding professionals to be aware of their role in order to minimize the trauma to the child of multiple interviews.
General Information
Interviewing children about an assault of any kind, physical or sexual, is not an easy task. It can often be difficult to get the child to talk. It can also be difficult to understand what the child says. Many professionals are not really comfortable with children and may be unaware of techniques for establishing rapport with children.
When children are asked about their sexual activities with adults or other children, many times their inability or reluctance to answer these types of questions is due to embarrassment, shyness, a fear of being thought of as a "tattletale" or disloyal, or simply due to a lack of understanding of the question itself.
With children interviewers must be aware of the long-term ramification of their questions to a much greater degree than with adults. While the immediate goal is to elicit the clearest possible information from the child, the interviewer should be aware of his/her own feelings about a child sexual assault and not communicate any attitudes which might create or increase the child’s trauma. This is especially important in cases of sexual activity involving a family member where, in the child’s mind, the action may have been viewed as one of affection.
Prior to the interview, it is important to determine what reactions the child has been exposed to following the disclosure of the sexual activity. For instance, the medical professional should try to ascertain if the child’s family has been supportive, ambivalent, disbelieving, angry or blaming.
Also, parents and others who have regular contact with the child should be questioned, whenever possible, about any behavioral changes they have observed.
Indicators of a child sexual assault perpetrated by a family member or other trusted individual, however, are not always concrete. Therefore, hospital staff should be alert for signals from the parent/guardian which may indicate sexual activity, including but not limited to:
 The child staying inside the house more frequently
 The child not wanting to go to school
 The child crying without provocation
 The child bathing excessively
 A sudden onset of bed wetting
An assessment of the child’s emotional state is a vital part of the interview process. This is an age-dependent interpretation based on factors such as how the child relates, his or his body posture, and the language used.
It is also important to assess the child’s verbal skills level and to use terms that are understandable to the child. This assessment can many times be accomplished by asking topical questions about family, school, television and everyday events. After a degree of rapport has been established, the child can then be asked to describe what happened.
The interviewer should be supportive and sensitive through tone of voice, body expression, and the maintenance of eye contact. The interviewer should also sit at eye level with the child so that the child is not intimidated and so that the interviewer is perceived as genuinely interested.
The child must be allowed to tell about the incident(s) with as few interruptions as possible and to use his/her own words in describing what happened.
It is absolutely vital that the child be believed at all times, especially in cases of disputed accounts by adults. The child’s account should be taken at face value. Avoid making value judgments and expressions of shock or surprise.
It must be made very clear to the child, as often as needed throughout the interview, that the child was not at fault for what happened and that medical staff are there to help and protect him/her.
Statements made by the child should be recorded accurately. The child should not be led in such a manner that he or she answers questions to "please" the interviewer.
Younger children often have problems with times and dates. In order to establish a time frame in which the abuse occurred, it can help to discuss favorite events or activities. These could include asking about television shows, a vacation or trip to see a relative, going to the zoo, or a birthday.
Younger children also have a short span of attention. Therefore, the interviewer should avoid long and open﷓ended questions and provide short rest periods at appropriate intervals during the interview. For example, "Tell me about the assault?" would be an open-ended question. Instead, it would be better to use a series of short questions calling for direct response such as, "Did someone touch you in a way that made you uncomfortable?"
The use of interview aids is extremely helpful. Drawings, pictures and anatomically correct dolls are particularly effective. When using these aids, ask the child to name the different body parts, i.e., nose, fingers, knew, etc. Then, ask the child what she or she calls the intimate areas without correcting them. Make note of the terms used and what areas or body parts these terms represent.
It may be necessary for the interviewer to follow-up the child’s description with clarifying questions in order to learn exactly what happened. For instance, in situations where penetration did not occur but where there was other sexual contact, the child may not at first differentiate between oral and manual stimulation.
It is important that medical personnel be aware that multiple interviews can be very traumatic for child victims. It is anticipated that the information they need to obtain will be gathered during this initial medical examination.
Medical History Interview
An experienced medical staff member should conduct the preliminary medical history interview of the child.
The purpose of this interview is to obtain the information necessary to conduct a proper medical examination and possible collection of physical evidence. A more thorough, detailed investigative history will be obtained by law enforcement and child protective agency personnel at a later time.
The interview should be held in a private room adjacent to the emergency or pediatrics department and must be free from interruptions.
The interviewer must explain his/her need to know what happened and what procedures will be done. He/she should also use simple terms, including the child’s vocabulary for body parts, acts, and people.
Presence of Personnel
As few persons as possible should be present during the medical interview/evaluation or examination/evidence collection process. Attending medical personnel should consist of the examining physician, an authorized support person and/or nurse.
Presence of Parent/Guardian
In all cases of a known or a suspected child sexual assault, the medical person in charge must decide whether or not the presence of a parent or guardian during the evaluation or medical examination is desirable.
Many times it is not preferable to have a family member present during the medical history interview or physical examination of the child, in order to minimize confusion and additional trauma to the child, and for the purpose of obtaining information that might otherwise be censored.
Some parents may be so emotionally distraught or disbelieving upon hearing the child’s narrative that their presence has a negative impact upon the child and the interview/examination process. When these situations occur, the parent/guardian should be taken to a private area and provided with support and comfort.
However, if the child expresses a need for support from a parent/guardian, and that parent/guardian is not the suspected offender, their presence may be appropriate if they are supportive to the child.
Under no circumstances, however, should the interview/evaluation be held in the presence of a parent/guardian who is a suspect offender.
Medical/Evidentiary Examination
The medical examination should consist of a general physical examination, a genital examination, and where appropriate, the collection of physical evidence.
Steps Prior to the Examination
All equipment, containers, and other materials necessary for the examination and evidence collection procedures should already be in the room prior to the child’s entry.
Basic examination equipment list
 Routine examination equipment
 Appropriate lab slips and cultures
 Blood collection equipment
 Speculum for adolescent females
 Wood’s Lamp (Ultraviolet illuminator)
 Sexual Assault Evidence Collection Kit (if appropriate)
 All medical and evidence collection paperwork
 The use of a colposcope/medscope
In preparation for the examination, the child should be completely undressed (except for underwear), and be wearing an examination gown. Help with this process can be provided by the attending nurse, SANE, support person and/or parent guardian (if present).
Throughout the examination, great care must be taken to minimize additional trauma to the child. For instance, many children have never before been in a hospital environment. Factors such as the presence of unfamiliar equipment (most of which can be quite "scary" in appearance), and the necessity of darkening the examining room in order to conduct the Wood’s Lamp procedure properly, can be extremely disconcerting and frightening to a child. Therefore, all examination procedures must be explained to the child prior to being performed.
It is important for the examiner to be aware that children interpret statements literally. For example, avoid making statements such as "I’m doing cultures to see if there are bugs in there!" Children may think this means they are dirty or have something "alive" inside them.
The examiner should reinforce the idea that the child is not "damaged goods", or irrevocably marked in some obvious way.
The child should not be restrained in order to do the examination and/or to gather evidence. If the child is visibly upset, the physician should determine what measures are to be taken to reduce his/her anxiety.
Some cases may require the use of sedation; however, it is recommended that general anesthesia not be administered except in the most extreme cases, such as in a life-threatening situation or when the removal of a foreign object would cause undue pain and trauma to the child. Careful explanation of any sedation or anesthetic should be provided to both the family and to the child.
Evidence Collection
Regardless of when the assault might have occurred, valuable evidence can still be obtained through a medical examination and interview of the child. Therefore it is vital that such an examination still be performed and that all paperwork be completed, whether or not evidence specimen are collected.
If it was determined during the medical history interview that the last sexual contact took place more than 72 hours prior to the hospital visit, the percentage of cases where trace evidence will still be present on the child’s body or clothing will be low. Therefore, a careful evaluation of each case must be made to decide which, if any, evidence collection procedures should be implemented.
If it was established that the last sexual contact took place within the prior 72 hours or if the time frame cannot be determined, then evidence procedures should be implemented according to the adult instructions with the following modifications:
If it is determined that simultaneous use of two rectal swabs is not desirable, swabs should be used one at a time. 
 For the young female child and the adolescent female who is too traumatized to have a full pelvic examination, evidence specimen can be obtained by gently swabbing the exterior vaginal areas, using a moist swab or pipette.
 It is recommended that head hair standards not be taken from children at the time of the initial examination. Only under the most extreme circumstances, and only after it has been determined that hair evidence is crucial to the successful prosecution of the offender, should a child’s head hair be pulled.
 It is further recommended that under no circumstances should pubic hair (if any existing) be pulled from children.
Medical Examination
An immediate assessment of the child’s status must be made to determine the presence of any significant vaginal, rectal, penile or other major trauma/sites of bleeding. If present, their control/stabilization must be the priority.
The more common medical indicators of a sexual assault are:
 Presence of sexually transmitted infection
 Unexplained vaginal bleeding, discharge, or trauma
 Inappropriate sexual behavior for age
 Suspicious stains or blood in the underwear
 Lesions, bruising or swelling of the genital area not consistent with history
 Pain in the anal or genital area
 Unexplained pain or soreness in the abdominal area.
The presence of genital and/or other types of physical injuries or abnormalities can serve as corroborative evidence and should be carefully recorded in the medical record. The location of these injuries should be recorded on drawings of the female and male body. See Appendix D. Any specific explanations given by the child for the injury should also be included in the medical record, using the child’s exact words if possible.
The medical examination of a sexually assaulted child may, in many cases, be negative. Nonetheless, the lack of any specific injury/finding in no way detracts from the likelihood that the assault occurred. A lack of physical findings may be due to many factors, such as the degree of force used, the type of activity perpetrated upon the child and the diagnostic skill of the examiner.
Prior to the full examination, a Wood’s Lamp should be passed over the child. Dried semen usually exhibits a green or blue fluorescence under this light. If present, evidence specimens should be taken from these areas for submission to the forensic laboratory.
The attending medical personnel should:
 Note the presence of any bruises, abrasions, lacerations, burns or other dermatologic lesions and record them
 Make an attempt to estimate the age of the injury; i.e. noting the color of a hematoma and the degree of healing or an abrasion
 Record any fractures, loose or absent teeth, grab marks, suction or bite marks, all of which are helpful in providing further confirmation of victimization
Examination of the Anal, Perianal, and Perineal Area
The attending physician must decide on a case-by-case basis the extent to which rectal examinations should be performed with both female and male children during the initial examination.
Recent anal trauma may manifest itself by perianal erythema, edema or contusions, skin tags and spasm of the anal sphincter. An examination of the sphincter tone for spasm or laxity is important, and any findings should be noted.
If an anal tear or bleeding is present, an anoscopy should be performed.
Although "gaping" of the anus can be the result of certain chronic medical conditions, such as constipation, it can also be an indicator of chronic sexual activity involving the rectum.
Use of Colposcope/Medscope
The colposcope is a binocular optical instrument used by medical personnel to assist in the medical examination of children who have allegedly been sexually assaulted. It utilizes a light source, provides five (5) to thirty (30) power magnification and may be equipped with a camera which allows photographs to be taken. Gynecologists have long used colposcopes for the detection of cervical cancer.
If a colposcope is available at your medical facility it can be of help when detecting lacerations, scarring or other trauma of the vaginal or anal area not easily discerned with the naked eyed. It does not touch or penetrate the child. The physician must be trained in colposcopy and experienced in the diagnosis of sexual assault to use the equipment effectively.
Genitalia
It often is helpful at the beginning of the genital examination to estimate the level of sexual maturation of male and female children by Tanner Staging.
Female Genital Examination
The attending physician must also decide on a case﷓by﷓case basis the extent to which vaginal examinations should be performed. For the young female child, a complete gynecological exam is not recommended unless there is evidence or reasonable suspicion of genital trauma. However, a careful visual inspection should still be made. Sexually active female children should have pelvic examinations.
In all cases where a pelvic examination is conducted, a small speculum should always be used. For victim comfort, the speculum can be moistened with warm water, but no lubricants of any kind should be used.
 With the young child present on the mother/caretaker’s lap (if appropriate), or supine on the examining table, the vaginal and perineal areas are inspected. The presence of erythema, hematomas, excoriations, abrasions, old scars, bleeding, discharge and odors as well as the overall appearance of the introitus and the interlabial spread should be recorded.
 The urethral meatus should be examined for any signs of trauma or abnormal dilation.
 An attempt to visualize the hymen is usually successful in prepubescent girls.
 The hymen most often is medically thin circular membrane originating from the edges of the vaginal entrance. Frequently there is a central opening or openings.
 There are anatomical variations in both the size and types of openings ranging from unusually small and/or imperforate to completely absent.
 Hymenal damage can occur from causes other than intercourse or manipulation, such as athletic activities or falls. Conversely, the presence of the untraumatized hymen does not preclude ejaculation through an intact hymen.
 Inspection should also be directed at any discharge (seminal or purulent), as well as odors, evidence of a foreign body, tears, skin tags and tenderness.
Male Genital Examination
Both the glans and the scrotal area are targets of trauma in acute sexual assault.
Evidence of erythema, bruises, suction marks, excoriations, burns, or lacerations of the glans and frenulum should be recorded. The presence of testicular or prostatic tenderness or discharge from the urethra are important signs and may reflect trauma or infection.
Rectal Examination
Anal area for both male and female children needs to be visualized for any trauma.
Non-Authorization to Release Evidence
Although there have been instances where a parent or guardian has refused to authorize the release of evidence to law enforcement in child sexual assault cases, the actual incidence of this has been very low.
If this does happen, the attending medical personnel may be able to assert authority and sign for the release. If the local child protective service or law enforcement agency are not already involved in the case, they should be contacted for assistance by hospital personnel. Each individual hospital should ascertain the policy of their particular legal jurisdiction.
Victim Information Form
A “Victim Information Form” should be completed. The victim’s parent or guardian should sign the form at the bottom, and be given the original copy.
See Appendix E.
The provisions of psychological or counseling services for children and their parents or guardian is just as important as for adults. If this service is not available through the hospital, a referral should be made to an appropriate agency or individual with approved credentials and training in the field of child sexual assault.
It is extremely important that children return for a follow-up visit within one week to reevaluate any genital or other injuries, and to perform follow-up cultures, if necessary.
This visit will also provide the examining team an opportunity to assess how well the child and/or family are handling the stress and whether or not counseling has been received or is necessary.
Law Enforcement Interview
Depending upon the circumstances surrounding the case, some child victims will be interviewed by law enforcement and/or child protective service representatives at a location away from the hospital, such as the child’s home, school or an agency facility.
It is the responsibility of the investigating officer to ascertain the most supportive environment for the child during the follow﷓up enforcement interview. However, space adjacent to the emergency room or pediatrics unit of the examining hospital should always be provided for those situations where the interview must be held immediately after the medical examination. Privacy is, of course, crucial to the success of this interview.
The goal of the social worker or investigator’s interview with the child victim is:
 To determine whether the assault was committed by a stranger, family member or other trusted adult
 To avoid further trauma to the child and offer protection to the child
 To obtain accurate information needed for case investigation and medical treatment
Ideally, the law enforcement interview would include the presence of a child protective services social worker, so that the trauma of multiple interviews is minimized. It will also be helpful to have a support person present who has established a good rapport with the child during the medical examination/interview. This type of “joint response team” effort has proven effective in many areas of the country. To avoid confusion, however, it is important that only one person be the primary interviewer.
In all cases, the people present during the interview must be there for a specific purpose and must be psychologically supportive to the child.
Presence of Parent/Guardian
Although some children are more relaxed and informative without a parent/guardian present, others, particularly very young children, may not be willing to cooperative in an interview without such support. Also, parents or relatives may be the only adults to whom the child will talk. When this happens, questions can be directed to the child through these family members, but only after initial efforts of the interviewer to talk directly with the child are unsuccessful.
If a parent/guardian is present, the purpose of the interview should be explained in a straight-forward manner, and cooperation should be elicited to reassure the child that it is "safe" to talk with the interviewer.
The parent/guardian should also be told that any facial expressions of shock, disbelief or disapproval, or any verbal or physical signals to the child could impede the interview.
As with the medical history interview, if it is suspected that the parent/guardian is the perpetrator, then under no circumstances should the interview of the child be held in his/her presence.
The support personnel/law enforcement officer should conduct the interview using the general guidelines previously discussed, with one important addition. It is preferable that the officer be dressed in civilian clothing and not have handcuffs or weapons visible to the child. If wearing civilian clothes is not feasible, great care should be taken to minimize the amount of equipment carried during the interview so that it does not further intimidate or traumatize the child.
When the interview is concluded, it is important for the interviewer to thank the child for his or her cooperation, and with older children, to give them a telephone number where the interviewer can be reached if they have any further problems or questions.
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