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Cases of rape have risen by 50% over the last 5 years, with the youngest survivor reported as a month old baby and the oldest being a 105 years old woman.

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Medical Services Counseling Interventions Legal Aid Evidence Preservation
Preservation of Evidence
The main purpose of the examination is to determine what medical care should be provided. However, forensic evidence may also be collected to help the survivor pursue legal redress. The survivor may choose not to have evidence collected. Respect her choice.

Forensic evidence should be collected during the medical examination. It is necessary to obtain the consent of the survivor for the collection of evidence. Work systematically according to the medical examination protocol and explain everything you do and why you are doing it to the client

It is important to maintain the chain of evidence at all times, to ensure that the evidence will be admissible in court. This means that the evidence is collected, labeled, stored and transported properly. Documentation must include a signature of everyone who has possession of the evidence at any time, from the individual who collects it to the one who takes it to the courtroom, to prevent any possibility of tampering.

Reasons for collecting evidence
  • To confirm recent sexual contact.
  • To show that force or coercion was used.
  • To corroborate the survivor's story.
  • Possibly, to identify the assailant.
Collect evidence as soon as possible after the incident (within 72 hours)
Documenting injuries and collecting samples, such as blood, hair, saliva and sperm, within 72 hours of the incident, may help to support the survivor's story and might help identify the aggressor(s). If the person presents more than 72 hours after the rape, the amount and type of evidence that can be collected will depend on the situation.
Documenting the case
  • Record the interview and your findings at the examination in a clear, complete, objective, non-judgmental way.
  • Completely assess and document the physical and emotional state of the survivor.
  • Record precisely important statements made by her, such as threats made by the assailant. Do not be afraid to include the name of the assailant, but use qualifying statements, such as "patient states" or "patient reports".
  • Avoid the use of the term "alleged", as it can be interpreted as meaning that the survivor exaggerated or lied.
  • Note down exactly which samples you take.
Samples that can be collected as evidence
  • Injury evidence: physical and/or genital trauma is proof of force and should be documented.
  • Clothing: torn or stained clothing is useful to prove force was used.
  • Foreign material (soil, leaves, grass) on clothes or body or in hair may corroborate the survivor's story.
  • Hair: foreign hairs may be found on the survivor's clothes or body. Pubic and head hair from the survivor may be plucked or cut for comparison.
  • Sperm and seminal fluid: specimens may be taken from the vagina, anus or oral cavity, if ejaculation took place in these locations, to look for the presence of sperm and for prostatic acid phosphates analysis.
  • DNA analysis can be done on material found on the survivor's body or at the place of aggression, which might be soiled with blood, sperm, saliva or other biological material from the assailant (e.g., clothing, sanitary pads, handkerchiefs, condoms), as well as on swab samples from bite marks, semen stains, and involved orifices, and on fingernail cuttings and scrapings. In this case blood from the survivor must be drawn to allow her DNA to be distinguished from foreign DNA found.
  • Blood or urine for toxicology testing (if the survivor was drugged).
  • The survivor may consent to have evidence collected but not to have the evidence released to the authorities at the time of the examination. In this case, advise her that the evidence will be kept in a safe, locked, secure space in the health centre for one month before it is destroyed. If she changes her mind during this period, she can advise the authorities where to collect the evidence. Evidence should only be released to the authorities if the survivor decides to proceed with a case.