SEXUAL ASSAULT CASES DEPEND ON THE CREDIBILITY OF THE VICTIM

The following are often important factors in sexual offense cases:

MEDICAL EVIDENCE

  1. Evidence is collected using a "Sexual Assault Kit" or a "Rape Kit."
  2. Evidence collection includes:
    • HIV testing (if permitted by the victim)
    • Blood tests to check for pregnancy and sexually transmitted diseases
    • Evidence and photographs of torn clothing or external injuries
    • The victim's clothing
    • Physical evidence from the rape scene
    • Hairs or debris in the pelvic area (i.e., pubic hairs of the assailant)
    • Fingernail scrapings for detection of blood or tissue.
    • Examination of the victim's perineum, thighs, abdomen, buttocks and facial area for evidence of semen (which is collected if detected)
    • Slides are made and swabs taken from the vaginal, anal and oral areas to check for semen, sexually transmitted diseases and infections.
  3. Pelvic examination
    The Sexual Assault or Rape Kit is kept at the hospital until given to the police for further laboratory analysis.

POLICE INTERVIEW

  1. After the medical exam, the police interview the victim. The victim may refuse to speak with them, but the police may not be able to continue the investigation and prosecution without the cooperation of the victim.
  2. The following information may be requested by an interviewing officer:
    • A reenactment of the assault, including a description of force, threats, or weapons the assailant may have used.
    • Inquiry about anything said or done by any participant in the crime and anything that would aid in identifying the offender.
    • Questions about what happened before and after the assault may also be asked.

LIE DETECTOR TEST

  1. In some jurisdictions, the police may ask sexual assault victims to take a polygraph examination (lie detector test).
  2. A polygraph is a machine that measures bodily functions such as heart rate, breathing rate, and blood pressure. The person administering the exam first asks questions that have nothing to do with the assault and then asks questions concerning specific details of the assault. The changes in heart rate, breathing rate, and blood pressure are used to indicate truthfulness. The results of polygraph examinations are inadmissible in court because some experts dispute the accuracy.
  3. The defendant may ask to be given a polygraph test to try to show the prosecuting attorney that he or she is innocent.

CRIME SCENE EVIDENCE

  1. The police will usually collect physical evidence from the crime scene.
  2. If a struggle occurred and the crime scene is later altered, the credibility of the victim's story may be questioned.
  3. The physical evidence collected can include:
    • Fingerprints
    • Hair
    • Clothing fibers
    • Bodily fluids
    • Items such as bed sheets or couch cushions, glass, windows, or tabletops
  4. The police will interview the first person who spoke with the victim after the sexual assault.
  5. The police will also interview any eyewitnesses.

DISCLAIMER
The statement above is not legal advice! This statement is not intended to be a correct statement of law in your jurisdiction. This statement is intended to give you a very general understanding of what is involved in this type of crime. Please consult an attorney to find out what law applies in your jurisdiction.