|
STEP 12
PHYSICAL CONDITION OF VICTIM |
| See Appendix
D. |
| Photographs
of sexual assault victims should not be taken on a routine
basis. Rather, drawings of the human figure should be used
showing the location and size of the injury, as well as a
written description of the trauma. The Sexual Assault
Evidence Collection Kit includes drawings of adult male
and female figures. These adult figures should be adapted
for use when a child is the victim. |
| Photographs
of extremely brutal injuries and of bite marks can prove
beneficial in court. However, many times injuries such as
bruises, will become apparent only after several days.
There is no guarantee that photographs will show the
extent or the severity of the injury. Once taken,
photographs can be subpoenaed into evidence and may hurt
the case if injuries appear minimal or cannot be seen.
Therefore, any photographs that are taken should be
limited to those instances where there is an opportunity
to get clear pictorial evidence of injury, such as bruises
or lacerations. Also, if photographs are taken, they
should be done only with the specific consent of the
victim. |
| Colposcope
pictures of genital injury are highly indicative of forced
sexual conduct. Along with these photographs, drawings
accompanied by accurate written descriptions can be
effective in court. Pictures taken during a colposcope
exam by trained personnel may be very helpful in showing
extremely small injuries not seen without the aid of this
equipment. |
| Finally, it
is vital that the photographs be taken by a competent
photographer, preferably of the same sex as the victim,
and that a ruler and color chart be used to indicate the
size and nature of each injury. |
| Record of
Sexual Assault Examination |
| Findings from
the physical examination should be documented as
completely as possible in the medical record. While some
sexual assault prosecutions do not require the presence or
testimony of the attending medical personnel, there will
still be times it is necessary. If testimony is needed, a
thoroughly completed and legible medical record and
accompanying body diagram will assist medical staff in
recalling the incident. When gathering information
necessary to perform the medical and evidentiary
examination, the attending medical personnel must be
careful not to include any subjective opinions or
conclusions as to whether or not a crime occurred. |
| The
indiscriminate use of the term “rape” or “sexual assault”
on a medical document is a conclusion that may prejudice
future legal proceedings. Instead, the diagnosis on the
chart should be stated as “sexual assault examination,”
plus any pertinent medical findings. |
| Also, an
important distinction must be made between information
gathered for the purpose of providing medical treatment
and information gathered for the followup investigation
and potential prosecution. |
| Hospital
personnel should not be expected to further expand their
role to act as that of “investigator.” They should not ask
for details beyond those necessary to perform the medical
and evidence collection tasks. It is the responsibility of
the law enforcement officer who as the followup
investigator, to ask the more detailed questions. |
