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PREFACE |
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The North Dakota Council on
Abused Women’s Services (NDCAWS) and the Coalition
Against Sexual Assault in North Dakota (CASAND), in
conjunction with the North Dakota Department of Health
and Consolidated Labs, Maternal and Child Health
Division, compiles sexual assault statistics in North
Dakota. Each year, between 1995 and 1999, over eight
hundred new cases of sexual assault were reported in
North Dakota. In 2000, 752 primary victims of sexual
assault and 374 secondary victims of sexual assault were
served by 18 sexual assault crisis centers throughout
North Dakota. |
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The North Dakota statistics
may not provide a complete picture for a number of
reasons. Some victims choose not to report sexual
assault because of embarrassment, fear and trauma.
Others lack faith in the follow-up treatment and the
investigative and prosecutorial systems. Additionally,
there can be a wide variance in legal definitions of
what constitutes sexual assault. For example, many
communities only submit statistics in cases of forced
penetration of a female by a male – the traditional but
very narrow definitions of “rape.” Others report all
types of deviate sexual behavior, including the use of
foreign objects and anal or oral copulation. |
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Reports of sexual assault
against children in particular have increased
dramatically in recent years, although these reports are
more difficult to document than adult reports. This is
due largely to deficiencies in the collection of child
sexual abuse data and submission of that data to one
central location. The lack of available data is
compounded by the low rate of reporting of the abuse by
either the child victim or a third party. |
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The reasons for these child
sexual assault reporting deficiencies are extremely
complex. Many children are too young to understand that
certain kinds of physical contact by adults or older
children are inappropriate. Others may realize that
something is wrong but they are unable to articulate
their feelings or they are dependent upon the abuser for
care. When children do report the abuse to a third
party, their account may be interpreted or dismissed as
fantasy or even as a lie. Further complicating the
situation is the fact that threats, however subtle, may
be made. These discourage reporting by children.
Children can be led to believe that something terrible
will happen to them or to their families if anyone finds
out, or that in some way they themselves are responsible
for the abuse. |
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Traditionally, the
successful prosecution of both adult and child sexual
assault has been a difficult task. Since the victim
often is the only witness to the crime, the collection,
preservation, and presentation of physical evidence, as
well as the documentation of medical trauma may be
necessary either to substantiate an allegation or to
help strengthen a case for court. Evidence from the
offender and the crime scene often may be found on the
body and clothing of the victim. When immediate medical
attention is received, the chances increase that some
type of physical evidence will be found. Conversely, the
chance of finding physical evidence decreases in direct
proportion to the length of time that elapses between
the assault and the examination. The job of collecting
physical evidence in sexual assault cases has fallen to
physicians and nurses in hospital emergency rooms and
pediatric units. The role of medical personnel in this
process often can be the key to successful prosecution
and can help to promote early victim recovery. |
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The primary purpose of this
document is to promote a uniform evidence collection
protocol that will assist to: |
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Minimize the
physical and psychological trauma to the victim of a
sexual assault |
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Maximize the
probability of collecting and preserving the physical
evidence for potential use in the legal system |
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Address
important issues surrounding the collection of medical
and physical evidence |
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Provide
guidance to local communities |
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Although evidence collection
is the primary focus of this Protocol, basic medical,
psychological, and support issues have been addressed
throughout the Protocol. However, for more detailed
information on the medical, psychological, investigative
and legal aspects surrounding sexual assault treatment,
topic-specific literature should be consulted. |
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For the purpose of this
Protocol the term “sexual assault” will refer to all sex
crimes, both terms being defined in a broad context as
follows: |
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Any act of
sexual contact or intimacy performed upon one person by
another without mutual consent, or with an inability of
the victim to give consent due to age, mental or
physical incapacity.
The North Dakota Evidence Collection Kit has not been
revised along with the 2001 Protocol. Although the Kit
is fundamentally in accord with the revised Protocol,
please note the following procedural changes that
reflect a desire to be more sensitive to the victim
during the initial examination and to avoid subjecting
the victim to unnecessary collection procedures. |
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The
collection of fingernail clippings is no longer mandated
unless it is clear at the time of collection that such
samples would be of evidentiary value. If the nails of
the victim were not broken during the assault, there is
no reason to collect fingernail clippings. |
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The
collection of pulled pubic and pulled head hair samples
is no longer mandated. Law enforcement may be consulted
as to the necessity of collecting pulled pubic and
pulled head hair samples from the victim at the initial
examination. |
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The
collection of whole blood specimens for forensic
evidence analysis is no longer required. Blood specimens
should be collected utilizing the lancet included in the
Kit. Once collected on the FTA Blood Collection Paper,
this sample will be used as a known standard for DNA
typing. See Kit STEP 11. |
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If there are
indications that oral contact occurred during the sexual
assault, Sexual Assault Evidence Collection Kit Steps 8
and 10, Oral/Rectal Swabs and Known Saliva Sample should
be accomplished before Kit Step 2 so that the victim may
rinse his or her mouth before the remainder of the
medical examination and evidence collection. |
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Based on
research developed by the SANE program, the 2001 Team
recommends prophylactic treatment of Sexually
Transmitted Infections rather than performing cultures
unless there is a medical need. |
