Introduction
Evidence takes many forms depending on the trials. Many cases use scientific as well as forensic types of evidence in proving innocence or guilt. Scientific evidence relates to trials in that the evidence is hypothesized, tested, and accepted among the members of the scientific community. Most forensic evidence is scientific, including DNA matching, hair/fiber evidence, and fingerprint identification. Evidence is important in the running of cases as well as ensuring that justice is properly served.
Sexual Assault
Sexual assault is defined as any coerced or forced sexual behavior or contact that occurs without consent from one of the parties. Some of the types of sexual assault include sexual harassment, sexual threats, child molestation, attempted rape, and rape. The cases of sexual assault are so rampant to an extent that one in every five women in the United States has been raped. Any sexual activity where one of the parties does not agree to is sexual abuse and is never the victim’s fault. Sexual assault can also be visual or verbal where victims are forced to participate in unwanted sexual attention or contact. For instance, voyeurism, sexual threats, exhibitionism, and forcing an individual to pose for sexually suggestive or implicating photos can be classified as sexual assault to the victim (Refuge, 2011).
In sexual assault, consent is termed as an individual knowing what they want to do, being able to put across your intentions, understanding what is happening, or being under no influence of drugs or alcohol. However, it is not possible to give legal consent where one is forced, threatened, coerced, and manipulated to give into sexual contact, or when one is physically unable to resist such as being drunk or asleep. Mentally unstable persons and those under the age of 16 or 18- depending on the state- are also regarded as not being in a position to give legal consent. There are times when sexual assault is committed by unknown persons. However, most of the sexual assault cases reported are committed by persons known to the victim such as friends, colleagues, dates, relatives, or even partners. Both men and women are reported to commit sexual assault with 99% of the criminals being men (Bell, 2012). In instances where sexual assault is about to happen, it is vital that the victim addresses the assaulter directly and make them aware that they are feeling coerced to do something that they are not comfortable doing.
Sexual Assault Evidence
There are different types of evidence proving that indeed the sexual assault happened. They include:
Statements
Statements made by the survivors accounting on the happenings of the assault are key evidence of sexual assault. The statements could also be from witnesses of the assault or from the first person that received the statement. Finally, statements forming part of the evidence can also be from the people that collected the evidence.
Physical Evidence
Evidence could also be from the items and physical material that links the perpetrator and victim to the area and the circumstances of the incident. Some of the physical evidence could be from dirt, grass stains, and carpet fibers and can be used to link the victims and criminals to the scene. On the other hand, the items that belong to the assaulter could have been taken by the victim as proof that the perpetrator was with the victim (Refuge, 2011). Finally, DNA can be used as evidence and could be extracted from saliva, semen, blood and other sources such as skin scratched off the assaulter’s body during the assault, especially in the case of a rape. DNA evidence is a sure way of confirming the link between the assaulters and the sexual assault. It is also used in identifying the assaulters to prevent mistrials of innocent suspects.
Evidence Sources
There are different evidence sources of sexual assault. They include the rape exam, toxicology tests, DNA tests, and CODIS- Combined DNA Index System.
The Rape Exam
The survivor is in total control of the rape exam. Before taking the evidence using the rape kit, the medical examiner involved in the case must explain the steps to the victim and have their consent before proceeding with the tests. The exam must be conducted by a qualified nurse or doctor to ensure that they preserve, protect, and collect all the evidence possibly available (Bell, 2012). A verbal account may be given to the medical practitioner in order to give clues as to where the evidence could possibly be. A physical exam should also be done in order to make an assessment and document the evidence collected. At the same time, the physical exam gives room for the treatment of injuries such as broken bones, bruises, and lacerations. The rape exam gives access to the evidence in the different body parts such as the mouth, vagina, anal cavities, and fingernails among other body parts that could have been in contact with the assaulter.
Toxicology
A toxicology report is an important source of evidence in cases where the victim is drugged. It provides the evidence that could be in the body since some substances could remain in the bloodstream for more than 96 hours after ingestion (Refuge, 2011). However, a lack of substances in the body does not negate the fact that the victim was drugged since some substances leave the body more quickly. However, prescriptions and over the counter drugs can be detected from the toxicology examination.
DNA Tests
DNA is a special and unique code of genetics that is used in the determination of many characteristics of a human being. Apart from identical twins, all people have their unique genetic codes in their DNA. DNA is an evidence source that can be used to eliminate or confirm the identified suspects through court orders to the law enforcement officials. If the DNA code matches that of the suspected assaulter, the suspects are proved to have been at the crime scene (Refuge, 2011). In the cases where there are no suspects, the DNA code could be used to locate possible matches in the CODIS database.
Proper Collection Procedures
When collecting evidence, there should be initial fast responses as soon as the sexual harassment and assault are reported. The documentation process starts immediately when the investigators get to the crime scene. Poor documentation will result in a wrong interpretation of the evidence. Then, the sexual harassment should be established as whether to have taken place to prevent innocent prosecutions.
Sexual assault evidence is recorded using a rape kit. The kit is a sexual assault exam used by forensics. The kit contains a comb, envelops, swabs, bags and paper bags. After immediate care is given, there should be a recording of the history, such as medications and other details of the health sector (Refuge, 2011). A complete head-to-toe exam should follow to get the full experience. Visual and audio recordings should also be taken at the crime scene while interviewing suspects and witnesses.
Chain of Evidence
Chain of evidence is a concept of legally showing the path taken from the origin to the court by the evidence. For instance, when using sexually transmitted infections as proof of assault, there must be a chain of evidence since the assault to the current stage of disease development (Bell, 2012). The protocols of chain of evidence need to be in place not only in the referral centers but also in the health clinics.
Processing Protocols
There are crime scene teams that are called upon to intervene in the investigation of a crime. The protocols to collect and process the evidence vary with the crimes. For example, the crime scene teams will respond to homicides, abductions, and officers involved in shootings. The team is also involved in the investigation of sexual assault.
Interpretation Methods
Since the main question is whether the suspect did or did not commit the assault, there are certain ways to interpret the evidence. In most cases, the probability of the patient being linked to the crime is used. As such, the interpretation will require appropriate analysis of the evidence. As such, all forensic investigators must provide evidential values to help in the interpretation of the evidence. Interpretation helps the jury in making their decision.
Evidence Preservation
In order for the evidence resulting from sexual assault to be preserved, there are several measures necessary. The victim should not bathe, change clothes, smoke, use the toilet, douche, or clean the linen where the assault took place because such evidence could be preserved for up to 96 hours (Refuge, 2011). Letters and notes should not be lost or destroyed but instead, they should be put in non-static bags. Call logs, voicemails, screenshots, photos, emails, text messages, and videos taken should not be deleted as they serve a big purpose in the prosecution of the assaulter.
Proper Evidence Presentation
For proper presentation of evidence, especially to a jury, one could use audio recordings, exhibits that are cataloged evidence pieces, conversation transcripts, video footages, handwritings, and still photographs. In cases where the crime is so severe, the jury could be required to visit the crime scene as a way of evidence presentation.
Consequences of Mishandling Evidence
Once evidence is mishandled, destroyed, or even manipulated, the sure consequence is a distortion in the justice system (Thall, 2015). Either the assaulter will go unpunished or an innocent person will undergo punishment for crimes not committed. Furthermore, cases could be stalled due to lack of conclusive evidence.
Conclusion
It is important that the weight of evidence of sexual assault cases be understood by all the parties involved. The victims should always aim at preserving the attacker’s evidence as long as possible. On the other hand, the suspects should call for proper sourcing of evidence to prevent mistrials. Finally, the investigators should be well informed on the impact of their work on the judicial system. Destruction of evidence and inappropriate collection of evidence from insufficient sources can lead to flaws resulting in injustices.
References
Bell, S. (2012). A Dictionary of Forensic Science. Oxford: Oxford University Press.
Refuge, J. (2011, June 24). Ethics and Training in Forensic Science. Crime Scene Investigator Network. Retrieved from http://www.crime-scene-investigator.net/ethicsinforensicscience.html
Thall, J. (2015, September 4). 7 things you need to know about how MSU mishandled sexual assault cases. The State News. Retrieved from http://statenews.com/article/2015/09/7-things-you-need-to-know-about-how-msu-mishandled-sexual-assault-cases
