jimtrue.com : school : CJT2260 : 2003-09-25: Sexual Battery & Assault Evidence

Posted by Jim True on September 25, 2003 6:39 AM. Last Updated October 22, 2006 9:23 PM

Disclaimer for all material noted here is at the bottom of this web page.

2003-09-25: Sexual Battery & Assault Evidence

Aspects

1. Medicolegal aspects: proper examination of victim and collection of evidence.
2. Involves professionals in fields of medicine, law, forensic science, law enforcement, crisis intervention and psychology.
3. Collection of evidence is extremely important to successful prosecution of the assailant, and should be given the highest priority after immediate medical and/or psychological attention.

Defintion and Statistics

1. Definition of Sexual Battery:
"The carnal knowledge of a female (male) forcibly and against her (his) will. Assaults or attempts to committ rape by force or threat of force are also included; however, statutory rape (without force) and other sex offenses are excluded."
2. (Uniform Crime Reports (UCR) for the US, FBI, US Dept of Justice, 1985)
3. Statewide Sex Offenses (FDLE, FL. Uniform Crime Report 1971-2000)

| 2000: Population 15,982,378 |
| Rape by Force | 6,480 |
| Attempted Rape | 472 |
| Forciple Rape Rate per 100,000 | 43.5 (-4.3 from '99 |
| Forcible Sodomy | 1,485 |
| Forcible Fondling | 3,951 |

| Pinellas County & Contract Cities |
| Forcible Sex Offenses (2001) | 152 (+18.8% from 2000 |

Source (FDLE website, http://fdle.state.fl.us )

1. Forcible rape is recognized as one of the most under-reported crimes, with some estimating that only 10% to 20% of rapes are actually reported.

Admission of Victim to Hospital & History Taking

Hospital staff are prepared to offer comprehensive and efficient handling of these cases, and may help prevent additional emotional trauma by providing a caring and professional attitude toward the patient. You want to be cautious and careful of how you approach the victim and you don't want to make them feel more vulnerable. Collection of evidence may be facilitated by patient cooperation under these conditions.

History should include

1. Time, date and place of incident
2. Number & race of assailants
3. Amount of force (if any), type of force, threats of force
4. General gynecological history to include:
   • Gravidity
   • Parity
   • Last menstrual period
   • Type of contraception used, if any
   • Last voluntary coitus
   • Any recent gynecological surgery
   • History of venereal disease, hepatitis or HIV/AIDS
5. Whether the patient douched, bathed, urinated or defecated after attack.
6. Whether patient changed clothes
7. Whether patient was under influence of drugs and/or alcohol at time of attack.
8. Whether patient suffered loss of consciousness at any time.
9. If suspect used a condom.
10. If suspect ejaculated, and if so, the site of ejaculation.
11. If any foreign objects were inserted into various cavities.
12. If patient received any apparent injuries prior to the attack.
13. If patient has any known allergies to medication.

Sexual Assault Victim Examination (SAVE) Kit

• What's on the list, why we collect it, and why it's important to collect it.
• Clothing: Transfer Evidence, Tearing of Items, Trace (hairs, fibers, Saliva, semen) [Positive reinforcement that we can use your items of clothing to help your case).
• Sheet - Paper Towel, toilet paper, Towels, etc.
• Scalp/Pubic Hair: collection performed by a doctor or forensic nurse.
• Oral, Rectal and Vaginal swabs (very invasive).
• Blood Type Sample, Blood for Drug Screening and Blood for DNA (Kept in a tube and refrigerated). Freeze the blood and refrigerate the urine.
• Collect entire identification of Forensic Nurse and Doctor, and the passage of the evidence from collection to storage.

Helps to have someone of the same sex working with the victim.

Handout has the notes; test next week. (She will be pushing the test or quiz back).

"Burden of Proof" Article; Write on what you would add to the kit and why you would add it? 1 page.

Admission of Victim to the Hospital with the Officer; officer will usually stay with the victim at the hospital.

Disclaimer: These are MY notes taken from classroom lectures while I'm in the classroom. While I'm perfectly happy to share my notes with my classmates and I know I take very good notes, you should still make every effort to attend the class and TAKE YOUR OWN NOTES. I will not transcribe everything the instructor says in the classroom, and I will NEVER post pre-exam reviews. My notes will not replace the value of actually attending class and taking your own class notes.I also cannot attest to their accuracy, other than they are what was provided in the lecture; you should not reference my notes as "expert opionion" by any means, and if you notice an error or omission, please do me the favor of e-mailing me with the correction and I will re-post my notes. End of Disclaimer.