Sexual Assault

Forensic Examination

Major Gwen Foster CNM

Travis AFB, CA

Objectives

Governing Policies

Reporting Rules

Role of Sexual Assault Examiner

SAFE KIT

Sexual Assault Policies

Department of Defense Directive 6495.01

Department of Defense Directive 6495.02

Army Regulation 600-20, Chapter 8 and

Appendix 1

AFI 36-6001, Sexual Assault Prevention and Response Program

Reporting Rules

Restricted (Confidential)

Unrestricted

Role of Sexual Assault Examiner

Diagnosis and treat within scope of practice

Head to toe assessment

ID, collect, preserve and document evidence and maintain chain of custody

Refer for appropriate treatment and follow-up

Provide expert testimony in a court of law

Forensic Examination

PRIMARY ASSESSMENT

Physical, mental and emotional care

SECONDARY ASSESSMENT

ID, collect, preserve and document evidence

Determine if evidence consistent or inconsistent

Forensic Examination (cont.)

Within 72 hours

Yields the highest quality evidence

After 72 hours

Significant healing of trauma

Trace evidence may be lost through natural processes and or actions of the individual being examined

But…

Forensic Examination (cont.)

Sperm heads - 19 days post-assault

Epithelial cells - 3 weeks post-assault

Evidence Transfer

Locard’s Principle of Evidence Transfer

 partial transfer of material from one to the other

Minimum of Three Crime Scenes

Victim

Suspect

Location of crime

Use physical evidence to tie the scenes together

Evidence Transfer

Evidence Transfer (cont.)

Trace Evidence: small pieces of evidence

Direct (Primary) Transfer

Direct contact between suspect/victim/scene

Indirect (Secondary)

Transfer

Carried from location to other locations

Overview of the Exam

Forensic interview

A sexual assault examination kit

Victim Interviewing

Ensure safe and supportive environment

Influences –

 quality of the history

 cooperation during the exam

Patient attitude toward legal proceedings

Primary/Secondary Assessment

Head to Toe

Inspect/photograph

Collect

Palpate

Document

Equipment

During examination:

Camera

Colposcope/anoscope

Toluidine Blue

Woods lamp

Swab dryer

After examination:

Clothing

Medications

Step 1

Authorization

Victims: Must agree to exam

If refuse, encourage to have medical exam

Subjects: Not necessary if taken under search authority or warrant

AFI 44-102 2.35.2.4.

Step 2

History and Assault Information

VICTIM’s statements are placed in quotations

Step 2 (cont.)

Interview

History is critical

Guides subsequent examination for forensic evidence

Corroborates physical findings

Use open-ended questions - avoid yes and no

Tell me what happened.

What happened next?

Tell me about the bruise on your face.

Step 2 (cont.)

Information to include:

Identifying data

Date and time of assault

Number of attackers, weapons used, restraints exact threats,

Location of the assault

Position of VICTIM during assault

Sequence of contact and penetration

Step 2 (cont.)

Information to include:

Vaginal/Anal contact

Oral contact

Ejaculation

Injuries inflicted upon SUBJECT

Actions following assault

Step 2 (cont.)

Pertinent past medical history:

Last Menstrual Period (LMP)

Last consensual sexual contact (identify partner)

Medication use

Alcohol and drug use by SUBJECT and VICTIM

Step 3

Clothing/Foreign material

Seal each bag and label it

One paper bag for each piece of clothing

VICTIM will completely disrobe

Have a gown ready

Inspect/Photograph

Examine with a Wood lamp

Photodocumentation I

Camera Photography of trauma

Macro ability

Use in same plane of injury

Step 3

(cont.)

Use of Wood lamp

Fluoresces semen stains

Augment marks and pattern injuries

Detect saliva and vaginal fluid

Step 3 Envelopes

Step 4

Debris Collection

Collect any debris detected, i.e. clumps in hair, grass on body, etc.

Collect any swabs taken from dried secretions

Step 4 (cont.)

Collect scrapings from underneath the victim’s fingernails

Useful if the victim fought off the offender

Recommended to collect even if no report of having fought back

Step 5

Pubic Hair Combings

Combed to collect any debris

Paper is placed beneath victim

Step 6

Pulled/cut pubic hairs

Purpose is to serve as control

Recommended by some law enforcement agencies

Step 7

Vaginal swabs/smears

Inspect/Photograph

Colposcopy

Toluidine Blue dye application

Completed before speculum insertion

Photodocumentation II

Colposcope photography

External genitalia

Injuries

External internal anal

Toluidine Blue dye (injury enhancement)

Apply last

Repeat injury pictures

Toluidine Blue Dye

Step 8

Rectal swabs/smears

Anus should be visualized to ensure there is no trauma

Step 9

Oral swabs/smears

Non-invasive procedure, always collect

Step 10

Pulled/cut head hairs

Minimum of 5 fulllength hairs from each section: center, front, back, left and right sides

Step 11

Known Blood Samples

In addition to collecting blood for

DNA comparison, blood may be collected for toxicological analysis

Step 12

Anatomical Drawings

Document location of all injuries

Narrative descriptions should corroborate documentation

Sexually Transmitted Diseases

Pre-testing is not advised, results may be admissible in court

STD cultures are not part of forensic exam

Treatment Protocols

Vary from program to program

Not 100% effective

Give information on how and when to follow-up for care and STD testing

Signs and symptoms to report

STD Prophylaxis

CDC Recommendation

Ceftriaxone 125 mg IM in a single dose

PLUS

Metronidazole 2 g orally in a single dose

PLUS

Azithromycin 1 g orally in a single dose

OR

Doxycycline 100 mg orally twice a day for 7 days

Additional Follow-up Issues

Refer to counseling

HIV and HBV testing are recommended and are available free of charge at appropriate locations

All patients should be urged to follow-up with testing if symptoms develop

Pregnancy Prevention

This is prevention not pregnancy termination

Emergency contraception used to prevent pregnancy following unprotected intercourse

Emergency Contraception

Should be given within 72 hours of assault for effective prophylaxis

Medication given in two doses 12 hours apart

Should be advised to follow up if regular periods do not resume

Instruct patient to contact ER if any severe side effects

Common

Dangerous

Follow up

Victim should follow up with medical provider if anything just doesn’t “seem right”

Follow up information for counseling services

SARC/Victim Advocate

Follow up (cont.)

After patient has left

Write report

DOCUMENT, DOCUMENT, DOCUMENT

Do not draw legal conclusions

Allow specimens to dry

Give evidence to investigator

Proper chain of custody

Finishing the Examination

Implications

Patient is the Crime Scene

“Evaluation must be documented…for possible use in future legal actions”

“Consequence to patient, accused, hospital and provider may result from a failure to do so”

(Smock ,2006)

Questions

References

http://www.brooksidepress.org/Products/Military_

OBGYN/Textbook/Assault/Assault.htm

http://www.cdc.gov/std/treatment/2006/sexualassault.htm

http://www.safeta.org/ http://www.sapr.mil/

Distress and Pain During Pelvic Examinations:

Effect of Sexual Violence. Obstetrics &

Gynecology. 112(6):1343-1350, December 2008.

Olshaker, J., Jackson, C., Smock, W. Forensic

Emergency Medicine (2 nd ed). Lippincott, Williams

& Wilkins. Philadephia, PA 2006.