Sex Crimes Evidence: Sexual Assault Exam (Rape Kit)

In the event that you are accused of sexual assault, understanding the procedures that transpire on both sides of the case is the best way to prepare a thorough defense. Although this is a difficult time for both parties, turning a blind eye to the situation and jumping straight to defend yourself without any proper research isn’t the way to go.

In a sexual assault case, the most important evidence that the prosecution can produce is the result of a sexual offense exam kit. These kits, often referred to as rape kits by the general public, should be administered by specially trained medical professionals and used to gather physical evidence after a supposed rape.

Words to Know

Many terms will be used in a sexual assault case that you may not be familiar with. The names of medical personnel responsible for performing the initial exams and the names of the exams themselves are often abbreviated. The first you should be aware of is a SANE, which stands for a Sexual Assault Nurse Examiner.

These registered nurses have undergone special training to provide the unique approach and care needed by sexual assault victims. They are able to administer a rape kit and other initial examinations. A SANE may also be called to give expert testimony if your case goes to trial.

The next word to know is the proper term for a rape kit itself. A standard kit can go by several different abbreviations, most commonly a SAFE (Sexual Assault Forensic Evidence) kit, an SOEC (Sexual Offence Evidence Kit) and a PERK (Physical Evidence Recovery Kit). All of these refer to the same type of medical evaluation that the prosecution may have to support their allegations and provide physical evidence to support a rape charge.

When Do People Get a Rape Kit Examination?

A victim should request a rape examination as soon as he or she is able to get away from their attacker. The sooner that they are evaluated, the more likely a SANE will be able to collect physical evidence.

If a person waits weeks or months following a purported attack, there will not usually be any physical evidence for a nurse to recover. Rape examinations are intended to collect immediate physical evidence that contains the alleged attacker’s DNA such as semen, hair and clothing fibers. This obviously creates problems with a “delayed outcry” of sexual abuse.

How is a Rape Examination Given?

During a standard PERK exam, the patient will be treated for any immediate injuries such as cuts, scratches or broken bones. They will undergo a full physical exam in which the nurse may collect blood, urine samples, hair and clothing (even undergarments). The professional may also take photographs of the patient’s body to document any physical injuries.

Rape Exams in Court

If you have been intimate with someone and they have a rape examination immediately thereafter, there will more than likely be physical traces of your DNA on them. Even if you wore a condom, skin cells, hair, clothing fibers and other debris can stay on a person’s body and be collected by medical personnel during an examination.

While having physical evidence does help support the prosecution’s argument at trial, this is not the end of the story for your criminal defense.

Defending Yourself

If you have been accused of rape, the first thing you should do is seek out the assistance of a criminal defense attorney. We work with you to build up a case that counters your accuser’s claim and help you collect any potential evidence that could be used against the Government in court.