The back-up of rate kit processing has recently received a lot of media attention. Yet, what precisely is a rape kit? A sexual assault evidence kit (SAEK) or sexual assault kit (SAK), more commonly known as a rape kit, is a container that contains supplies and instructions for gathering potential DNA samples during a sexual assault forensic examination.
A sexual assault forensic examination is not a requirement for reporting a sexual assault. DNA must, however, often be collected within 72 hours (although some states allow as much as five days). Hence, a rape kit can preserve evidence in the event that a potential victim decides to later report the crime. Keep reading to learn more and then contact Chambers Law Firm at 714-760-4088 to request a free legal consutlation if you have been accused of a sex crime.
Only Specially Trained Personnel Can Take Rape Kits
A healthcare professional who has completed the necessary training, such as a sexual assault nurse examiner (SANE), sexual assault forensic examiner (SAFE), sexual assault examiner (SAE), or forensic nurse examiner, must conduct a sexual assault forensic examination (FNE).
What Rape Kits Contain
Rape kits vary a little from state to state, but often contain written guidelines, envelopes, paper sheets and bags for gathering evidence, a comb, documents for recording the evidence, swabs and blood sample supplies.
The Procedure for Taking Evidence with a Rape Kit
Although the procedure can vary, the following stages are frequently carried out during a rape kit collection. First, any injuries are taken care of. Then the examiner takes a medical history. Swabs or samples are obtained while a comprehensive medical checkup is being undertaken. Chemical tests will be done if the alleged victim believes they were drugged.
Once the physical part of the exam is completed, the facilitator will recommend and/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.
These actions could require several hours. Typically, an alleged victim can take a companion to the exam. Unless they are the lawyer of the victim, they could be subpoenaed in any subsequent case and questioned about what the victim says or does.
Many Things Can Affect the Authenticity of the Rape Kit
If you are accused of rape or another sex crime, the alleged evidence found in the rape kit could be excluded if it is not correctly collected. If the alleged victim took a shower or took part in other activities between the time of the alleged assault and getting tested, or if they had sexual relations with another person or were otherwise around many people, it could be that the evidence was affected.
If the person or persons who completed the rape kit did not properly seal it, did not follow a chain of evidence, or otherwise mishandled it, then it could be deemed inadmissible. If you have been charged with a sex crime, domestic violence, or another crime that has involved a rape kit, contact Chambers Law Firm at 714-760-4088 to learn how we could help you.
