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What Is Forensic Evidence?
Forensic evidence is evidence collected through scientific means and analysis. That includes various tests, including blood tests, DNA tests, fingerprints, and ballistics (which refers to the science behind how a projectile, such as a bullet, travels when in flight). As science continues evolving, the ways forensic evidence can be used can help law enforcement and attorneys make a case that someone is provably guilty or innocent. There’s even a field of digital forensics that helps investigators uncover evidence from electronic devices.
What Types of Forensic Evidence Are Used in Sexual Abuse Cases?
Forensic evidence can be vital to the success of a sexual abuse case. Often referred to as rape kits, sexual assault forensic tests usually try to collect anything that might provide the perpetrator’s DNA as proof of guilt, including saliva, semen, hair, blood, other bodily fluids, and anything else that might provide trace DNA. Even blood types, while not individually unique, can narrow down the pool of possible abusers.
If any of these are found on or in the victim’s body, it can help investigators narrow down the suspects and match the DNA to the person most likely to have committed the crime.
What Value Does Forensic Evidence Have in Sexual Abuse Cases?
Forensic evidence, especially related to DNA, is vital to successful sexual abuse prosecutions. Because DNA varies from person to person (except for some identical twins), identifying the perpetrator’s DNA can override more circumstantial evidence. Studies have found that DNA evidence is up to 99% accurate when appropriately handled.
When mishandled, it can unfortunately lead to a judge determining that the forensic evidence is tainted or can’t be relied on and may not allow it to be entered into evidence.
That’s why victims of sexual abuse are strongly urged not to bathe, shower, change their clothes, comb their hair, or use the restroom until the forensic evidence has been collected. Any of those actions could destroy or otherwise cause the evidence to be unusable. The victim of sexual abuse may want nothing more than to wash away anything from the assault. However, doing so could destroy the most valuable evidence against the perpetrator.
What Are Other Reasons the Victim of Sexual Abuse Should Undergo Forensic Testing?
There are several reasons why it’s essential, even if the victim ultimately decides not to report the crime.
- There’s no charge. The recently reauthorized Violence Against Women Act (VAWA) requires states to provide free rape tests to victims, so financial or health insurance issues don’t apply.
- Health concerns. The perpetrator can cause physical damage (especially to children) or transmit unwanted diseases. Identifying those injuries or illnesses as soon as possible provides the best chances for treatment.
- Preserved evidence. Sometimes, the victim isn’t ready to move ahead with legal options. But having the testing done anyway ensures the evidence is preserved and available if they decide to press charges later.
What Survivors Should Be Prepared For.
The process of undergoing a forensic rape kit examination can be an incredibly traumatic experience for survivors of sexual assault. The invasive nature of the examination, which involves collecting physical evidence from the victim’s body, can exacerbate the emotional and psychological distress already associated with the trauma of sexual assault.
Having a trained advocate by the survivor’s side during this process is vital for several reasons. Firstly, advocates provide crucial emotional support, offering a compassionate presence that can help survivors feel less isolated and overwhelmed. Advocates can also explain the various steps of the forensic examination, ensuring survivors are informed and prepared for each stage. Additionally, advocates play a crucial role in bridging the communication gap between survivors and law enforcement, helping survivors navigate the legal system and ensuring their rights are upheld. By offering support, guidance, and a comforting presence, advocates contribute significantly to minimizing the retraumatization that can occur during the forensic rape kit process, empowering survivors to seek justice and healing.
Is DNA the Only Form of Forensic Evidence That Matters in a Sexual Abuse Case?
Not at all. It’s beneficial, but other types of evidence can also play important roles. No potential evidence should be ignored, not least because some perpetrators understand the value of DNA and have been known to take steps such as requiring their victims to shower afterward and using masks and gloves to avoid leaving saliva or fingerprints.
In cases where DNA is not available or is not of suitable quality, there are still other types of evidence, much of which is still considered forensic, that can help identify the abuser. That includes fingerprints, shoe or boot prints, hair or fibers from clothes the abuser wore, and other bodily fluids besides saliva. In cases where a weapon was used to threaten the victim, identifying the weapon can help. If the abuse involved anything digital, such as the perpetrator stalking the victim online, digital forensic evidence can uncover those patterns.
The specifics of each case can make a difference. It’s not uncommon for someone to accuse someone else of sexual abuse, and that person claims it was consensual (assuming the people involved were both at the legal age of consent). Cases like these may appear difficult to solve because of the “he said/she said” nature of testimony.
But if the victim saw a medical professional and had a rape kit done, the medical findings might show injuries that are more likely to have resulted from forced sexual contact than consensual. If the victim’s clothes were ripped or they have noticeable scars and bruising, that may be evidence as well.
There are more old-fashioned ways of building a case as well, including the testimony of others. That can include anyone from the medical professional who handled the rape kit, friends or family members of the victim, or even friends or family of the abuser. If you need more information on what constitutes evidence, contact an experienced sexual abuse attorney.
What Should I Do if I Need Help with a Sexual Abuse Case?
Call Andreozzi + Foote at 866-311-8640 for a free, confidential consultation. Our focus is on helping victims of sexual abuse pursue civil cases against the persons that caused the abuse or the organizations that may have been involved or aware of the risks and did nothing to remediate them. We understand how traumatic this is, whether you’re the victim or a family member. That’s why our approach is meant to be holistic and helpful, and we consider confidentiality to be essential in our work. We want to help you recover damages and find ways to overcome the trauma.
