A rape kit is a critical tool used in the investigation of sexual assault cases. Rape kits are designed to collect physical evidence from a survivor’s body and clothing that may provide key information in identifying the perpetrator, corroborating the survivor’s account of the assault, and supporting the prosecution of the case.
If you are a survivor who did not undergo the exam, don’t worry — you still have options to pursue justice. At Arias Sanguinetti, we can walk you through the process of sexual assault investigations. Contact us for a consultation with one of our Los Angeles sexual abuse lawyers to learn about legal proceedings in these cases from the civil side.
What Is Included in a Rape Kit?
A rape kit is also known as a sexual assault evidence kit (SAEK). These kits are comprehensive tools and procedures designed to gather evidence from the survivor’s body and clothing.
DNA Swabs
One of the key elements of the kit is the use of swabs for DNA collection. These swabs are used to collect biological samples such as semen, saliva, and other bodily fluids from the survivor’s body.
Swabs are typically taken from areas of the body that might have been in contact with the perpetrator, including the vaginal, anal, or oral regions, as well as from any signs of injuries like bite marks or abrasions.
Fingernail Scrapings
Another important component of the rape kit is fingernail scrapings, which are collected if there are indications of a struggle or the possibility that the survivor scratched the assailant. These scrapings can potentially contain skin cells or other evidence from the perpetrator.
Collecting the Survivor’s Clothing
Additionally, the survivor’s clothing may also be collected as part of the evidence-gathering process. Clothing can hold fibers, hairs, or other materials that could link the suspect to the crime.
Drug Testing
In cases where there is concern about drug-facilitated sexual assault, urine or blood samples may be taken to test for substances such as date rape drugs. These samples help investigators understand if the survivor was incapacitated in any way during the assault.
Photographs
Lastly, photographs of any visible injuries, such as bruises or cuts, may be taken to document the extent of harm caused.
Evidence ranging from hair samples to images is critical in supporting survivors’ testimonies and investigations into sexual assaults. If you have submitted a rape kit, consider contacting our team of sexual assault lawyers in an effort to make sure that your rights regarding analysis, information requests, and status updates are protected.
California offers free sexual assault forensic medical exams and support for survivors from a trained medical professional. California’s Sexual Assault Response Team (SART) also offers additional support, including medical and mental healthcare.
How Does the Rape Kit Process Work?
The process of collecting a rape kit involves a thorough and detailed procedure, typically carried out in a medical setting by trained professionals, such as a Sexual Assault Nurse Examiner (SANE) or a physician. The procedure is performed with the utmost care to minimize trauma for the survivor while ensuring that the evidence is preserved in its most usable form.
- Initial steps: Consent for the rape kit must be obtained, and the survivor should be made aware of their right not to proceed with the kit.
- Detailed examination: A thorough examination is conducted by a trained professional, which may involve taking samples, conducting swabs, and collecting other materials for further analysis.
- Documentation: Throughout the examination, detailed notes are taken to document the process and any visible injuries, such as bruises, cuts, or signs of forced entry.
- Evidence storage: Once the evidence has been collected, the rape kit is carefully sealed and labeled. It is stored in a secure location to preserve the integrity of the evidence. The kit is then submitted to a forensic laboratory for analysis.
Our team of Los Angeles sexual assault lawyers has decades of experience extracting meaningful evidence from these examinations. We’re proud to be on the side of survivors – we’ve held countless parties accountable for assault.
Why Is the Timely Collection of Evidence Important?
The timing of the collection of a rape kit is crucial. In many cases, the sooner the kit is collected after the assault, the higher the chances of collecting usable evidence. Ideally, a rape kit should be completed within 72 hours of the assault.
The evidence collected from a rape kit can be used to build a case and help law enforcement identify the perpetrator. DNA collected from the survivor’s body can be compared to databases, such as the Combined DNA Index System (CODIS), to see if the suspect has been involved in any previous crimes.
The physical evidence in the rape kit may match fibers, hairs, or other material found on the survivor or the perpetrator, linking them together. While rape kits don’t always yield immediate results, they can provide critical evidence to help an investigation. Our Los Angeles sexual assault attorneys have a long history of successfully representing survivors of sexual assault.
Click to contact our personal injury lawyers today
Are Rape Kits Always Collected and Used Immediately?
Even if a survivor is unsure about pressing charges or feels uncertain about reporting the sexual assault, collecting a rape kit early can preserve evidence for future use. This allows law enforcement to keep the door open for future investigation and provides you with options should you decide to pursue legal action at a later date.
Depending on the situation and medical conditions, evidence may still be collected more than 72 hours after a sexual assault. In addition, sometimes a rape kit is stored for months or even years until a match is made or a suspect is identified. This makes rape kits a valuable tool in both immediate investigations and cold cases.
Complete a Free Case Evaluation form now
Can Lawyers Offer Sexual Assault Support and Resources?
Sexual assault lawyers may use evidence from a rape kit to build a case, either in a new trial or to assist in reopening investigations, in the hopes of achieving a resolution for the survivor. We can help survivors who are looking to re-open a sexual assault cold case or who need a case evaluation.
Beyond its forensic utility, a rape kit examination can provide medical care for the survivor. Sexual assault survivors are often at risk for sexually transmitted infections (STIs), pregnancy, and other health concerns. We recommend consulting medical professionals to understand possible treatments to reduce the risk of STIs and prevent pregnancy.
We also understand that survivors endure emotional pain and trauma. At Arias Sanguinetti, we are trained in trauma-informed care and have extensive resources for complicated cases. It is important for survivors to be offered psychological support and information about available counseling services.
Seeking Justice for Survivors of Sexual Assault
A rape kit is more than just a set of tools used in an investigation. Rape kits are a critical part of the process of seeking justice for survivors of sexual assault. While the gathering of evidence through a rape kit can be invasive, it is a vital step in ensuring that survivors of sexual assault are treated with the dignity and respect they deserve and that justice is pursued fully.
At Arias Sanguinetti, we recognize the sensitive nature of sexual assault cases and the impact they have on survivors and their families. Our experienced legal team is dedicated to advocating for those who have suffered from sexual assault.
If you or someone you know is a survivor of sexual assault, we are here to help pursue justice in a way that is caring, respectful, and thorough. Contact us to schedule a free case evaluation with a member of our legal team today.
Call or text 310-844-9696 or complete a Free Case Evaluation form
