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SEROLOGY.LEB
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1990-11-09
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452 lines
October 1990
SEROLOGICAL EVIDENCE
IN SEXUAL ASSAULT INVESTIGATIONS
By
Robert R.J. Grispino, M.A.
Special Agent
Serology Unit, Laboratory Division
FBI Headquarters
NOTE: The following article presents a purely scientific
approach to sexual assault evidence collection. The
scientific step-by-step procedures that are explained here
should always be accompanied by supportive treatment of the
victim. It should also be noted that the investigating
officer will be responsible for both overseeing the
execution of the medical procedures described and managing
the collection of the physical evidence.
Police officers throughout the United States routinely
handle and oversee sexual assault investigations. Yet, these
officers rarely receive training on the proper methods to be used
for sexual assault evidence collection and preservation. As a
result, valuable physical evidence may either be overlooked or
inadvertently allowed to deteriorate biologically. This article
establishes proper evidence collection and preservation protocol
in sexual assault matters and demonstrates how modern forensic
serology can aid in the eventual successful prosecution of the
assailant.
AFTER THE ASSAULT
A sexual assault has been committed. Upon arriving at the
scene, an officer usually encounters a distraught, possibly
hysterical, victim in the first psychological coping stages
after an intrusively brutal assault. At this time, the victim
is not usually receptive to examination, even though the ideal
time to collect body fluid evidence is immediately following the
assault. This best evidence of the crime is present, but
unfortunately, it is degrading with every elapsed minute. It is
crucial that the officer be aware of the need for immediate
examination in order to ensure that evidence is collected
properly.
The victim should be transported expeditiously to a local
hospital or rape trauma center where trained nurses or
physicians can gather the appropriate physical evidence. The
investigating officer is not only responsible for accompanying
the victim through the phases of the examination but must also
oversee the collection and preservation of medical evidence. By
being fully aware of the procedures that should take place and
the evidence that can be collected, the officer will be able to
ensure that the case is as complete as possible.
During this examination period, health professionals should
accumulate and catalog physical evidence. The completeness of
the physical examination depends on the care, consideration, and
thoroughness of the examining physician. As much evidence as
possible should be obtained from the victim. However, if the
health professional does not gather all of the available
background data, the investigating officer can and should step in
to make sure that it is elicited entirely from the victim.
INTERVIEWING THE VICTIM
The initial victim interview is notoriously the most
incomplete in sexual assault matters. The excuses are numerous.
The victim is hysterical and has to be sedated. The doctor or
nurse is not willing to delve into any particulars of the assault
for fear that it will further upset the victim. The
investigating officer is embarrassed or unsure of the situation.
Yet, regardless of these various problems, a full and complete
description of the assault is crucial to obtain the physical
evidence needed for a successful scientific analysis.
Obvious questions regarding the date, time and location of
the assault, as well as the description or identity of the
subject and the general circumstances of the assault, are rarely
missed. However, the less obvious questions can be just as
important. The interviewer should ascertain whether the victim
bathed, showered, douched, urinated, defecated, vomited, brushed
teeth, or gargled with mouthwash at any time after the assault
and prior to the examination. If any of these activities were
performed, the probability of obtaining useful serological
results could be greatly diminished.
The physician should then discuss the basics of the assault.
It should be determined from the interview whether penile
penetration of the vagina, anus or mouth was attempted and/or
successful, as well as if the perpetrator ejaculated at any time.
If penetration was unsuccessful or not attempted in certain
orifices, the physician may opt not to collect evidence from the
unviolated areas. The physician must realize that it may be
difficult or impossible for a victim to know whether the suspect
ejaculated or there may be a psychologically induced reluctance
by the victim to admit during the early post-assault period that
ejaculation occurred. In these instances, failure to collect
samples from all body cavities may result in lost body fluid
evidence.
The extent of oral/genital sexual contact, whether fellatio
or cunnilingus, should be evaluated. If contact was indicated,
the medical examiner should externally swab the genital area for
later serological analysis. It would also be important to
determine whether the assailant used a lubricant or condom during
the assault or whether the victim was menstruating.
The victim should also be asked about the particulars and
extent of any consensual intercourse within a 72-hour period
prior to the assault. The final serological conclusions reached
from the scientific analysis of the physical evidence of the
assault may be greatly affected by previous consensual sexual
activity and resultant body fluid mixtures. It would then be
important to obtain blood and saliva samples from the previous
partner(s) for comparison and elimination purposes.
The presence and extent of any injuries to the assailant
inflicted by the victim is also extremely important. The suspect
may have bled on the victim from a victim-inflicted injury during
the struggle. A victim during menstruation could also transfer
blood to the suspect during vaginal assault, which could be
serologically identified in the suspect's underwear.
After all background information is obtained from the
victim, the staff nurse and attending physician should conduct a
thorough pelvic examination of the victim. All signs of pelvic
injury should be documented, either in drawing or photographic
form. After the background information has been gathered, the
next step is to collect physical evidence from the victim as
carefully and thoroughly as possible.
COLLECTING PHYSICAL EVIDENCE
Many of the items used for evidence collection are available
in sexual assault kits. However, these commercial kits vary
widely, and basic minimums should be considered.
Vaginal, oral and/or anal swabs should be taken from the
victim using sterile cotton swabs. These swabs should then be
air-dried, appropriately labeled, initialed by the examiner and
packaged separately. In most assaults involving vaginal
penetration, two to four vaginal swabs and two cervical swabs are
adequate for analysis. In cases of oral or anal sodomy, oral or
anal swabs should be obtained from the victim