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STEP 2
SEXUAL ASSAULT REPORT FORM FOR FORENSIC LABORATORY |
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See Appendix C. |
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NOTE: If there are indications that oral contact occurred
during the sexual assault, the saliva specimen and the
oral swabs should be done first to allow the victim to
wash his/her mouth. Go to STEP 8 and STEP 10. |
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Although it is helpful to the forensic laboratory to
receive certain written information with the Kit, it is
recognized that by their nature, medical records may
contain some confidential information that is not required
for the forensic examination. Therefore, in the interest
of protecting and maintaining victim confidentiality, a
separate form is recommended solely for the purpose of
providing information required for forensic analysis of
evidence. |
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Examples of confidential information not relevant to the
forensic evaluation of evidence, include the following: |
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Information
concerning gynecological history, such as miscarriages,
abortions, past or current pregnancy, hysterectomy and
tubal ligation; and |
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Information on
the victim’s emotional status, drug allergies, drug or
alcohol consumption, or past medical problems, such as
cancer. |
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The following information
should be obtained by medical personnel and included with
the evidence sent to the forensic laboratory: |
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Date and time
of collection/date and time of assault. |
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The period of
time that has elapsed between the assault and the
collection of evidence. The presence or absence of semen
may be dependent on the time interval since the assault. |
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Sex and number
of offenders. |
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Forensic
laboratory personnel seek evidence of crosstransfer of
trace materials from the victim, assailant(s) and scene of
the crime. These trace materials include foreign hair and
the deposit of secretions from the assailant(s) on the
victim. |
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Gender of the
assailant. This information may help determine, among
other things, the type of foreign secretions that might be
found on the victim’s body and clothing. Therefore, the
serologist should be informed whether to search for
foreign semen or vaginal secretions. |
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Actions of
victim since assault. |
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The quality of
evidence can be critically affected by actions taken by
the victim, and by the passage of time. Failure to explain
the circumstances under which semen could have been
destroyed might jeopardize criminal prosecution if
apparent contradictions are not adequately explained. |
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For example,
the length of time that elapsed between the assault and
the collection of evidence, as well as self-cleansing
efforts of the victim, can affect the rate of drainage of
semen from the vagina or rectum. Trace evidence such as
foreign hair, fibers, plant material or other microscopic
debris deposited on the victim by the assailant or
transferred to the victim at the crime scene also can be
lost. |
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It is
important for the analyst to know which activities were
performed prior to the examination, including bathing,
urination, brushing of teeth, and changing of clothes, any
of which could help explain the absence of secretions or
other foreign materials. For example, douching would have
an obvious chemical effect on the quantity and quality of
semen remaining in the vagina. |
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Contraceptive/Menstruation information. |
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Certain
contraceptive preparations can interfere with accurate
interpretation of the preliminary chemical test frequently
used by forensic laboratories in the analysis of potential
seminal stains. In addition, contraception foams or creams
can destroy spermatozoa. |
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Likewise,
knowing whether or not a condom was used also can be
helpful in explaining the absence of semen.
Lubricants of any kind, including oil or grease, are trace
evidence and may be compared with potential sources left
at the crime scene or recovered from the body of the
assailant. |
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Tampons and
sanitary napkins can absorb all of the assailant’s semen,
as well as any menstrual blood present. Additionally, the
presence of blood on the vaginal swab could either be from
trauma or as a result of menstruation. |
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History of
assault. |
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An accurate
description of the assault is crucial to the proper
collection, detection, and analysis of physical evidence.
This includes information as to whether there was oral,
rectal, and/or vaginal penetration of the victim, oral
contact by the offender, ejaculation (if known by victim)
and penetration digitally or with foreign object(s). |
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Physical
examination details. |
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In the search
for cross-transfer of trace evidence, it is essential to
know the location and extent of the injuries sustained by
the victim. For instance, is blood from the victim’s
injuries likely to be found on the body or clothing of the
assailant or at the crime scene? If the victim did not
bleed at all, is all of the blood located on his/her
clothing from the assailant? |
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Sometimes
saliva and semen stains are more easily visualized under
ultraviolet light. The use of a hand held Wood’s Lamp will
assist in locating the presence of such stains on the body
of the victim during the medical examination. |
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If the victim
was bitten, there is a potential that saliva was deposited
on the victim’s body or clothing. In order to effectively
search the clothing for saliva stains, the crime
laboratory must know precisely where the bite occurred. |
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Date of last
voluntary coitus. |
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When analyzing
semen specimen in sex-related crimes, forensic analysts
sometimes find genetic markers that are inconsistent with
a mixture from only the victim and the defendant. A
mixture of semen from a defendant and the victim’s
previous sexual partner could lead to blood grouping
results which, if unexplained, could conflict with the
victim’s own account of the assault. |
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The report
form requests that attending medical personnel ask victims
if they engaged in voluntary sexual intercourse within 72
hours prior to the assault. If so, law enforcement and
forensic laboratory personnel will than be alerted and
consideration will be given to the fact when analyzing the
evidence. |
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If the victim
is asked the date of last voluntary coitus during the
physical examination, the identity of the sexual partner
need not be asked. Knowing the prior sexual contact is
significant only to the extent that saliva and blood
samples from the individual involved can be made available
for comparison. Unless there is a conflict in specimen,
this person’s identity is not relevant either to the
medical examination or for the initial findings of the
forensic laboratory. |
