Sexual Assault Evidence Collection Protocol

 
 
 
 

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 STEP 3 FOREIGN MATERIAL, OUTER CLOTHING AND UNDERWEAR COLLECTION

Clothing Evidence
Clothing often contains important evidence. Clothing provides a surface upon which traces of foreign matter may be found, such as the assailant’s semen, saliva, blood, hair and fibers, as well as debris from the crime scene. While foreign matter can be washed off or worn off the body of the victim, the same substances often can be found intact on clothing for a considerable length of time following the assault. Damaged or torn clothing may be significant. It may be evidence of force and can also provide laboratory standards for comparing trace evidence from the clothing of the victim with trace evidence collected from the suspect and/or the crime scene.
The most common items of clothing collected from victims and submitted to the forensic laboratory for analysis are underwear, hosiery, blouses, shirts, and slacks. The underwear the patient is wearing should always be collected. There also are instances when coats and even shoes must be collected.
Each garment collected must be placed separately in its own paper bag and sealed to prevent cross-contamination from occurring. During the assault, different garments may have contact with different surfaces and debris from both the crime scene and the assailant. Keeping the garments separate from one another is necessary. This permits the forensic scientist to reach certain pertinent conclusions regarding reconstruction of the crime. For example, if semen in the female victim’s underpants is accidentally transferred to her bra or scarf during packaging, the finding of semen on those garments might appear contradictory to the victim’s own testimony in court of exactly what events occurred in the assault.
Prior to the full examination, great care must be taken by the attending medical personnel to determine if the victim is wearing the same clothing he or she wore during or immediately following the assault. If so, all clothing that appears torn or damaged or has foreign debris, hair or stains related to the assault should be collected. Prior consent should be obtained from the victim before collecting relevant clothing.
If it is determined that the victim is not wearing the same clothing involved in the assault, the attending medical personnel should inquire as to the location of the original clothing, such as at the victim’s home or at the laundry for cleaning. When the determination has been made that items may contain possible evidence related to the assault, with victim consent, those items should be collected. This information should then be given to the investigating officer so that he or she can make arrangements to retrieve the clothing before any potential evidence is destroyed.
Clothing Collection Procedure
If the victim was wrapped or in a resting sheet when transported to the treatment facility in an emergency vehicle. The sheet should be collected. To minimize loss of evidence, the victim should disrobe over a white cloth or sheet of paper. If the victim cannot undress without assistance, making it necessary to cut off items of clothing, do not cut through existing rips, tears, or stains. Tell the victim that it may take a year or more to have clothing items returned to them as the clothing will be held in custody pending the resolution of the criminal investigation. If the victim consents, the clothing should then be collected and packaged in accordance with the following procedures:
Air dry wet stains, such as blood or semen.
After air drying items, such as underpants, hosiery, slips or bras, they should be put into separate small paper bags and sealed.
Items such as pants, dresses or blouses, should be put into separate larger paper bags and sealed.
It is preferable that each piece of clothing be folded inward. Place a piece of paper against any stain so that the stain is not in contact with the bag or other parts of the clothing.
Each clothing item must be individually bagged. The kit contains paper bags for underwear bag; outerwear; and foreign debris. If the kit does not contain enough paper bags, any clean paper bag is acceptable.
q Remember, infant diapers may also be valuable as evidence because they may contain semen or pubic hair.
Any foreign materials found should be collected and put into a small paper envelope, properly labeled and sealed with cellophane tape.
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