What Is a Sexual Assault Forensic Exam?

DNA evidence  from a case of sexual violence can be collected from the victim's body, clothing or other personal belongings, as well as from the place where the crime was committed.

You may choose to have a forensic exam, to preserve possible DNA evidence and receive necessary medical care. You don’t have to report the crime to have a forensic exam, (consider that you have to pay for it, only in the case of adults, if no complaint is filed), but the process gives you the chance to safely store evidence should you decide to report at a later time.

To find a medical facility that performs forensic examinations, you can go online and search for „county forensic medicine service (indicating the county where you are or where the event occurred)“ or you can contact a specialized non-governmental organization in assisting victims of sexual crimes, which will guide you step by step.

What is a „rape kit“?

The term „rape kit“ refers to a set of medical devices contained in a box that are necessary for the collection of DNA evidence that will serve as evidence of sexual violence. The composition of such a kit usually includes:

• Sterile cotton swabs for collecting secretions (oral, vaginal and anal) and traces on the skin;
• Paper envelopes for packing the collected  tampons;
• Paper bags and envelopes for collecting clothing items;
• Medical devices for blood collection (needle, vial or blood card);
• Consent forms.

Preparing for a sexual assault forensic exam

If you are able to, try to avoid activities that could potentially damage evidence such as:

• Bathing;
• Showering;
• Using the restroom;
• Changing clothes;
• Combing hair;
• Cleaning up the area.

It’s natural to want to go through these motions after a traumatic experience. If you have done any of these activities, you can still have a forensic examination for the collection of biological evidence. You may want to bring a spare change of clothes with you to the medical center or health facility where you’re going to have the exam.

DNA evidence needs to be collected within a maximum of 72 hours from the event to be analyzed by a laboratory. But there are cases of sexual violence where a forensic examination may uncover evidence, in other forms, even after a longer period of time.

How long is the exam?

The forensic examination varies depending on several factors, but usually takes no more than 30 minutes. It may be helpful to have someone to support you during this time. This person can also assist you during the examination.

What happens during a sexual assault forensic exam?

• If you have injuries that require urgent medical care, they will be treated in the forensic medicine office, before the consultation begins. If the injuries are more serious (for example: a profuse bleeding, a fracture) you will be referred to an emergency service of a nearby hospital and only after treating the injuries will the forensic examination be carried out.
• A complete examination of the body, from head to toe, including the inside of the mouth, vagina and/or anus, will be performed in the forensic medicine office. Will you be asked what happened? When? Where? How? These details are required to be able to identify the marks left by the aggressor on the body or clothing. That's why it's important to tell the story as clearly as possible. Some questions, such as those related to recent consensual sexual relations, although they may seem very personal, are intended to clarify the extent to which the biological samples to be collected can be linked to the perpetrator.
• The forensic physician performing the exam may take photographs of your body to document the injuries.
• It may also include taking samples of your saliva, blood, urine, vaginal and anal discharge, as well as swabs of body surface areas. Also, with your permission, they may also collect items of clothing, including undergarments. Any other forms of physical evidence that are identified during the examination may be collected and packaged for analysis, such as a torn piece of the perpetrator’s clothing, a stray hair, or debris.
• It is important to mention to the doctor if you suffer from certain pre-existing conditions or if you are taking a certain medication at the moment.
• The forensic physician can inform you about the procedures available to you if you decide to report sexual violence to the police. For child victims, the doctor is obliged to mandatory report the case of sexual violence to the authorities.
• You may be recommended to carry out other medical consultations or tests such as those to detect sexually transmitted diseases or an unwanted pregnancy. These things require an appointment with a specialist doctor at a medical center in your area or with which the forensic service collaborates to assist victims of sex crimes.

It is important to know you can decide to waive the examination or refuse certain procedures at any time during the exam. It is entirely your decision.

Who performs the forensic examination in Romania?

The forensic examination is performed by a forensic medicine doctor assisted by a medical assistant. When the local forensic service is not available and there is a risk of evidence being lost or compromised, the police or the prosecutor's office can ask doctors from other specialties, working in hospitals and emergency medical centers, to carry out clinical examinations and collection of evidence that will be sent later to forensic medicine or laboratories.

Why should you consider having a sexual assault medical forensic exam?

• Your well-being is important, and sexual violence is the kind of event that can affect your health. You may have injuries and trauma related to the assaults that aren’t immediately visible, but also some that are not seen until later, but have important consequences, such as an unwanted pregnancy or a sexually transmitted infection. During the medical forensic examination, in addition to treating physical injuries, you can benefit from guidance for the prevention of sexually transmitted infection or an unwanted pregnancy.
• If you choose to file a complaint with the police or prosecutor's office, the costs of the forensic examination and laboratory analyzes are covered by the police or prosecutor's office. In the case of child victims, all costs are covered by the authorities.
• The forensic examination is paid only if you choose not to report the case of sexual violence. However, the decision to report abuse is entirely yours. It may take some time before you decide to report the abuse.
• Having a sexual assault forensic exam ensures that the forensic evidence will be safely preserved if you decide to report at a later time. Increases the probability of prosecuting the aggressor.
• The importance of DNA evidence in sexual assault cases cannot be overstated. Not only does DNA evidence carry weight in court, but it may prevent future sexual assaults from occurring or impose much harsher sentences for sexual predators. Since the DNA profile of a perpetrator remains in the National DNA Database, and his identity data in the National Register of Sexual Offenders, that person can be identified much more easily.

How long will the evidence be stored?

The forensic physician will inform you verbally and also write in the medical forensic certificate the storage period of the DNA evidence collected during the examination. Currently, this interval is one year, due to limited storage spaces.

It is important to know that:

• The period of time in which DNA evidence can be kept is not the same as the period in which legal actions can be taken to accuse the aggressor;
• The Romanian Parliament adopted in the meeting of 28.06.2023 substantial changes regarding sexual offenses with minor victims. Law 217/2023 was promulgated by the President on 10.07.2023, it was published in Monitorul Oficial no. 634 of 11.07.2023 and will enter into force on 01.01.2024. Thus, the crimes of rape, rape of a minor, sexual assault and sexual assault of a minor become non-prescriptive (so the statute of limitations does not remove criminal liability), and they can be investigated without a time limit.
   

If you want to talk about sexual violence with a professional ready to help, send an email to: help@asistentavictime.ro