The processing of rape kits has recently garnered significant media attention due to backlogs and delays. But what exactly is a rape kit, and what does it contain? For those facing accusations of a sex crime, understanding the components and procedures involved in a rape kit can be crucial.
As a seasoned sex crimes attorney in Santa Ana CA, Chambers Law Firm can provide you with detailed insights and robust defense strategies if you find yourself in such a situation. Contact us at 714-760-4088 for a free legal consultation.
What Is a Rape Kit?
A rape kit, also known as a sexual assault evidence kit (SAEK) or sexual assault kit (SAK), is a container with supplies and instructions for gathering potential DNA samples during a sexual assault forensic examination. This examination is crucial for collecting evidence that could later be used in court. However, undergoing a sexual assault forensic examination is not a requirement for reporting a sexual assault. Evidence should ideally be collected within 72 hours, though some states allow up to five days.
Only Specially Trained Personnel Can Administer Rape Kits
Conducting a sexual assault forensic examination requires specialized training. Professionals such as sexual assault nurse examiners (SANE), sexual assault forensic examiners (SAFE), sexual assault examiners (SAE), or forensic nurse examiners are qualified to perform these examinations. Their training ensures that the evidence is collected in a manner that maintains its integrity for potential use in legal proceedings.
What Rape Kits Contain
Rape kits may vary slightly from state to state, but they generally include the following items:
- Written Guidelines: Instructions for collecting evidence.
- Envelopes, Paper Sheets, and Bags: For gathering and storing evidence.
- Comb: For collecting hair and fibers.
- Documents: For recording evidence and the examination process.
- Swabs and Blood Sample Supplies: For collecting DNA and other biological evidence.
The Procedure for Collecting Evidence with a Rape Kit
Although the procedure can vary, the following stages are frequently carried out during rape kit collection:
- Addressing Immediate Injuries: Any injuries are taken care of first.
- Medical History: The examiner takes a detailed medical history.
- Comprehensive Medical Examination: Swabs or samples are collected, and a thorough medical checkup is conducted. Chemical tests may be performed if drugging is suspected.
- Follow-Up Care: Once the physical examination is complete, the facilitator will recommend or schedule any necessary follow-up care.
If the alleged victim is under the age of consent, they might have to report the incident to the state. The entire process can take several hours, and the alleged victim is usually allowed to have a companion present during the examination.
Factors Affecting the Authenticity of a Rape Kit
Several factors can impact the authenticity and admissibility of evidence collected in a rape kit:
- Post-Assault Activities: If the alleged victim took a shower, engaged in other activities, had sexual relations with another person, or was in contact with many people between the time of the alleged assault and the examination, the evidence might be compromised.
- Collection and Handling: If the personnel who completed the rape kit did not properly seal it, follow the chain of evidence, or otherwise mishandled it, the evidence could be deemed inadmissible in court.
Defending Against Sex Crime Charges
If you are accused of rape or another sex crime, the evidence found in a rape kit can play a significant role in your case. However, there are several defense strategies that a sex crimes attorney Santa Ana CA from Chambers Law Firm can employ:
- Challenging the Collection Process: Demonstrating that the rape kit was not correctly collected or handled.
- Questioning the Integrity of Evidence: Highlighting any post-assault activities that might have compromised the evidence.
- Legal Procedures: Arguing that the evidence was mishandled or that there was a break in the chain of custody.
Contact Chambers Law Firm for Expert Legal Assistance from a Sex Crimes Attorney in Santa Ana CA
If you have been charged with a sex crime, it is crucial to seek legal help immediately. The experienced attorneys at Chambers Law Firm can provide you with the robust defense you need. Contact us today at 714-760-4088 to schedule a free consultation and discuss your case with a knowledgeable sex crimes attorney Santa Ana CA.
