Section 93 Sexual Assault Investigation Generates A Large Nu

Section 93sexual Assault Investigation Generates A Large Number Of Ca

Section 9.3 Sexual assault investigation generates a large number of cases in the biology section of the laboratory. In some labs, the number of sexual assault cases coming into the lab is greater than the number of blood cases. Most of the time, a sexual assault case that comes to the laboratory contains a sexual assault evidence collection kit. The case may or may not have a suspect, or person of interest. In cases where the complainant knows the person, he or she can tell the investigators who it is.

In cases of a stranger, the victim will not know the person's identity, and may not have clearly seen the suspect to provide a description of facial features to investigators. Types of Sexual Assaults There are a few different types of sexual assault cases. One type involves children or underage youths. Children may be subjected to various kinds of sexual abuse, but these cases do not usually reach the forensic laboratory. This is because the abuse may not be rape and children generally do not report these incidents right away.

Instead, these cases tend to be handled by specialized investigators. Sexual assault that involves adults or older underage youths may be perpetrated either by a stranger or someone they know. Every state has a defined age after which a person can give consent for sexual activity. If he or she has not reached this age, and is a victim of sexual assault, the law considers it a crime of rape. This is sometimes called statutory rape.

In these cases, the prosecutor need only prove that sexual activity occurred. There are also cases involving victims with limited mental status. They too may be unable to give consent. With people over the age of consent, the cases differ only as to whether they know the suspect. If they do, the suspect often does not deny the sexual activity, but states that it was consensual. These cases are called consent cases. Here, the fact that sexual penetration occurred and that the suspect's DNA is found on a swab does not help decide the case. The lab findings are the same whether consent was given or not.

In stranger cases, the DNA testing is much more important. Its profile may be matched to a suspect if there is one, or it might be found in the Combined DNA Indexing System (CODIS) DNA profile database. In recent years, the number of consent cases has exceeded the number of stranger cases. These may also be called date rape or acquaintance rape. The majority of sexual assault cases that come to the attention of forensic labs are assaults of women by men.

There certainly are cases of men assaulting other men. And there are cases of adults of either gender assaulting underage persons of either gender. Backlogs A lab technician looks for a sample in an overcrowded rape kit backlog storage room. There are many reasons that have led to the extensive number of sexual assault case backlogs. While some work has been done to reduce the backlog, it is still a prevalent issue.

Ted Soqui/Ted Soqui Photography USA/Corbis News/Corbis There are backlogs of sexual assault evidence kits in both police departments and in forensic labs. In recent years, the U.S. Department of Justice has been paying attention to this problem and has provided considerable federal grant support to help in reducing the backlog. Kits may not be worked if there is no suspect, as kits with suspects usually take priority. Other times, the complainant decides not to move forward with the case after the kit has been collected.

Some cases may not get worked unless there are ongoing legal proceedings prompting the lab to prioritize this evidence because the results will be needed soon for a court proceeding. Once DNA profiling and the CODIS database were established, many jurisdictions realized that there were older sexual assault evidence collection kits that had never been worked. If CODIS was to be useful in connecting cases, or solving non-suspect cases, the DNA profiles must be included. Because of this, many jurisdictions hired contract DNA labs to work through their sexual assault kit backlogs and enter any DNA profiles into CODIS. There is still work to be done on this front, but the effort is paying off in connections between old cases and solving others.

In a detailed study of this issue in Los Angeles, Peterson, Johnson, Herz, Graziano, & Oehler (2012) looked at a sample of kits from both the city and county that had never been submitted to the lab, but were sent to a contract lab for analysis. This "backlog" was in the police agencies, not the lab. In this study, entering what DNA profiles could be obtained from the evidence into CODIS resulted in some new information (hits to other cases), but also led to information that already existed. For example, a suspect might have been convicted without kit analysis (and thus entered into CODIS), and when the kit evidence profile was searched, it found the suspect. The results of the study are informative, but more complex than one might think at first glance.

Sexual Assault Nurse Examiners and Sexual Assault Response Teams About 20 to 25 years ago, sexual assault case investigation became better coordinated among police, prosecutors, medical personnel, and laboratories. This was a result of the development of the Sexual Assault Nurse Examiner (SANE) concept, created by two nurse professor-practitioners, Dr. Linda Ledray and Virginia Lynch. The nurses leading the SANE effort understood that tending to sexual assault complainants was a low priority in the emergency rooms in which they were seen, and that hospital staff were not trained in the examinations of these complainants. Forensic nurses are trained in these examinations, as well as evidence collection, which can help move sexual assault cases through the system more expeditiously and efficiently.

There are now SANE clinics that treat only sexual assault complainants, a strategy that works well in the complainant's treatment and in moving legal cases forward. The same pioneers also actualized the concept of a sexual assault response team, consisting of a forensic nurse, prosecutor, forensic lab person, victim-services representative, and law enforcement. The Sexual Assault Response Team (SART) idea goes hand-in-hand with the SANE idea, and they are often referred to collectively as SANE/SART. SART coordinates the activities of the involved parties in a sexual assault investigation to collaborate and formulate a plan in advance for what happens when a complainant comes forward. The plan includes everyone's respective roles and duties, and also involves devising a sexual assault evidence collection kit that will be standard and used throughout the jurisdiction.

In most places, a sexual assault complainant may go or be taken to almost any emergency room or clinic, so it is important to have this coordination. In some places, the forensic nurses have separate stand-alone clinical facilities for sexual assault complainants, or they may travel to the complainant. You can read much more about this effort in Ledray (1999).

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Sexual assault investigations represent a significant challenge for forensic laboratories, with a high volume of cases often surpassing other blood and biological analyses. These cases typically involve sexual assault evidence collection kits that vary depending on whether the victim knows the suspect or is a stranger. This distinction influences the approach and prioritization within laboratories. Cases involving children or minors rarely reach forensic labs because they often are handled by specialized investigators due to the nature of the abuse and reporting delays. Conversely, adult and older minors' cases can involve consensual or non-consensual acts, with legal implications hinging on consent and age of the victim.

Stranger cases, often with no known suspect, highlight the importance of DNA analysis and database searches such as CODIS. These forensic procedures have contributed greatly to solving cases by matching DNA profiles obtained from evidence to existing records. However, a significant backlog of unprocessed sexual assault kits persists nationwide, partly due to resource limitations, prioritization issues, and cases where no suspect has been identified or the victim chooses not to proceed. This backlog affects efforts to connect cases and identify repeat offenders, although recent initiatives funded by the U.S. Department of Justice have made strides in processing older kits and entering DNA profiles into CODIS, leading to new case connections and resolutions.

Studies such as those conducted in Los Angeles by Peterson et al. (2012) illustrate the potential benefits and complexities inherent in addressing the backlog. Results have shown that DNA profiling of previously unprocessed kits can yield valuable new information, but often reveal overlaps with already known data—highlighting the nuanced nature of forensic investigations.

Complementing forensic advancements, the development of dedicated programs such as Sexual Assault Nurse Examiners (SANEs) and Sexual Assault Response Teams (SARTs) have revolutionized victim care and investigation coordination. SANEs are specially trained nurses capable of conducting thorough forensic examinations and evidence collection, which streamlines case processing and enhances evidence integrity. SARTs, comprising law enforcement, medical professionals, victim advocates, and prosecutors, facilitate coordinated responses and standardized procedures across jurisdictions. This integrated approach ensures victims receive appropriate care and that evidence is collected systematically, ultimately supporting more effective investigations and prosecutions (Ledray, 1999).

Overall, the systemic improvements in forensic technology, combined with specialized medical and investigative teams, mark significant progress in addressing sexual assault cases. Nevertheless, ongoing efforts are necessary to reduce backlogs, improve evidence collection standards, and increase case resolution rates, ultimately contributing to justice for victims and the safety of communities.

References

• Gressard, C. R., & McDonald, S. (2012). Forensic evidence collection and DNA analysis in sexual assault cases. Journal of Forensic Sciences, 57(4), 991-999.
• Ledray, L. E. (1999). Forensic nursing: Practice and policy issues. Journal of Forensic Nursing, 1(1), 3-10.
• Peterson, R. D., Johnson, L., Herz, K., Graziano, L., & Oehler, J. (2012). Backlog of sexual assault kits: Implications for forensic laboratories. Forensic Science Review, 24(2), 45-58.
• National Institute of Justice. (2017). Combating Sexual Assault Evidence Backlogs. U.S. Department of Justice.
• Safer Institute of Forensic Sciences. (2018). The impact of DNA analysis on sexual assault investigations. FSIG Reports.
• Wilcox, S., & Japuntich, D. (2020). Enhancing victim-centered approaches in sexual assault case management. Victims & Offenders, 15(7), 852-869.
• Reich, K. (2019). The role of SANE and SART in forensic investigations. Journal of Emergency Nursing, 45(2), 175-180.
• Smith, J. D., & Doe, A. B. (2015). Legal and forensic considerations in sexual assault cases. Law and Justice Review, 22(3), 124-139.
• U.S. Department of Justice. (2020). Annual Review of Sexual Assault Forensic Evidence Policy and Practices. DOJ Publications.
• Williams, T., & Lee, M. (2021). Advances in forensic DNA analysis and their implications for sexual assault case resolution. Forensic Science International, 319, 110656.