After experiencing rape, many survivors find themselves struggling to regain their voice and sort through their emotions. The choice to get help is often difficult to make, but timing is critical, as the collection of DNA plays a vital role in ensuring there is enough evidence to convict a perpetrator.
If you’ve experienced sexual assault, please remember that you are not alone, and there are people who can help you recover. While a medical examination can understandably be uncomfortable and challenging under the circumstances, it is one of the foundational steps to getting the justice you deserve.
Were You Sexually Assaulted? What To Do After Sexual Assault
A sexual assault is emotionally and physically devastating. You may feel helpless and scared, but knowing the next steps and having a plan of action can help you feel empowered. Getting to safety and getting help quickly is essential.
If you have been assaulted, these are the next steps to take:
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Get to a safe location: If you are in danger, take steps to get to a safe location if possible. Call 911 if you are in immediate danger and have access to a phone.
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Visit a hospital or clinic: It’s important to go to a nearby healthcare facility and request a sexual assault forensic exam (SAFE). It may be the last thing you want to do, but medical professionals are trained to take care of you and give you the help you need. This includes collecting evidence that will support a potential investigation.
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Seek support: Speak with someone you trust, like a friend or family member, about the incident. Talking to someone can help you avoid feeling isolated and alone. A support group of people with similar experiences can also be helpful.
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Speak to a health specialist: A doctor or mental health professional can provide you with resources and advice to support you in recovering from the trauma.
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Report the assault: File a report with the police about your assault as soon as you can. Speaking to the police immediately helps ensure you remember key details of the assault.
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Consult with a sexual assault lawyer: Having an attorney on your side who specializes in assault cases can enable you to seek damages in a civil suit against your perpetrator(s).
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Continue regular health check-ups: Assault survivors may experience medical issues that need continual care after their assault. It’s important to follow your healthcare provider’s advice and your treatment plan.
Immediately after your assault, you may feel the urge to change your clothing or shower, but those activities could compromise DNA evidence. Please:
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Do not shower or dab water on your body.
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Do not change your clothes.
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Do not try to remove, wipe, or clean evidence from your body.
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Avoid cleaning your fingernails or washing your hands.
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If possible, try not to urinate before you see a medical professional.
It can be hard to stay in the same clothing, and even harder not to wash away the feeling of being violated, but it is essential to keep all pieces of evidence intact.
What Is DNA Evidence?
DNA refers to the specific genetic makeup of an individual. Every person has unique DNA (except for identical twins). DNA is useful in identifying perpetrators of many different types of crimes, including sexual assault, and it can be collected from skin, saliva, blood, sweat, urine, and semen.
When a sexual assault occurs, the survivor’s body usually carries traces of DNA, whether on their clothes, hands, or other areas. Even if you aren’t sure if you plan to press charges, it’s important to allow a medical professional to collect DNA when it’s available.
DNA Evidence Examples
During an examination, DNA will likely be collected by medical professionals who are trained to know what to look for, how to collect it, and how to ensure it is not contaminated. Some examples of DNA collection include:
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Bite marks on the body and other areas that have been in contact with a perpetrator’s mouth, where saliva can be collected.
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Beneath the fingernails, where skin scrapings may be present.
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Used condoms, where semen may be collected.
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Bed linens and blankets, which may contain hair and/or bodily fluids.
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Clothing worn by the survivor before, during, and after the assault that could contain bodily fluids and/or hair and skin particles.
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Hats, masks, or any other article of clothing left behind by a perpetrator, where hair, sweat, or blood could be collected.
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Cigarette butts, rims of glasses, toothbrushes, cans, dental floss, or anything else a perpetrator may have put in their mouth, where saliva could be collected.
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Tape, ligature, rope, etc. that may contain skin, blood, or sweat.
The process of DNA collection is thorough and may feel intrusive to your privacy, but it is often the first step toward reestablishing yourself and bringing the perpetrator(s) to justice.
How Does DNA Evidence Work?
DNA evidence can be a powerful tool in sexual abuse lawsuits. DNA evidence is a unique identifier that can help identify and place a perpetrator at the scene of a crime. It can also corroborate other evidence, such as the victim’s testimony or witness accounts. For example, a rape attorney would be able to argue on the basis of the DNA and other evidence that since the rape very likely occurred at a specific location, a negligent third party that failed to secure premises was negligent in protecting the survivor.
At the same time, note that DNA evidence is just one piece of the puzzle. Other forms of evidence, such as expert testimony, physical evidence, and medical records, are important for building a strong case.
DNA Evidence in Sexual Assault Cases: What Is a Rape Kit?
Medical professionals use a rape kit to gather DNA evidence from a sexual assault survivor. It contains materials like collection bags, gloves, swabs, and instructions so that the medical professional can collect as much evidence as possible. This information is then stored in protective bags so it can be sent to a lab to be examined.
Certain factors can affect DNA collection and preservation. Both biological conditions, such as the location of bodily fluids, and environmental factors, like the survivor’s exposure to water or the temperature of the environment, can damage DNA and make it harder for a lab to identify it.
What Is a Rape Kit Exam?
A rape kit exam is the process by which a medical professional uses the tools in the rape kit to collect DNA evidence from a survivor. During an exam, you can expect:
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Immediate treatment of your injuries, if there are any
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Questions about your medical history
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A physical exam
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Discussions about mandatory reporting if the survivor is a minor, an elderly, or a dependent adult
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Resources for follow-up care
What Limitations Does DNA Evidence Have?
While DNA evidence can be a powerful tool in sexual assault cases, it’s important to recognize its limitations. If DNA was not collected in a timely fashion, or if it was contaminated in the process, it may not be usable. DNA evidence on its own may not be enough to prove that an assault occurred and that the sexual contact was not consensual. There is also the possibility of false negatives and positives. Because of these complications, it can be difficult to establish liability in sexual assault cases, making it crucial to hire an experienced sexual assault attorney.
DNA Evidence in Rape Victims: FAQs
Can DNA Evidence Be Wrong?
Yes and no. While a person’s DNA is specifically their own, it doesn’t always implicate them in a crime. Additionally, DNA that is collected may be contaminated or damaged, whether due to improper collection, storage, or other factors.
Can DNA Evidence Alone Convict an Accused?
No. DNA can place a perpetrator at the scene of a crime and may establish sexual contact between a perpetrator and a survivor, but it does not prove that a sexual assault occurred.
How Long Do You Have To Report Sexual Assault?
Each state has different laws that dictate how long you have from the date of a sexual assault action to bring charges. However, the sooner you are able to report your sexual assault, the better. Contacting the police and filing a report immediately can ensure all details are fresh in your mind and you don’t leave anything out. Having DNA evidence collected immediately improves the chances of it being usable in a police investigation and a potential lawsuit.
How Long Does a Sexual Assault Investigation Take?
There’s no set time limit for the investigation. The length of a sexual assault investigation can vary depending on factors like the caseload of the police department or court, injuries sustained, and your recovery. Although it can be hard to remain patient, it’s important to cooperate with your legal team, police officers, and medical care team so you are able to heal from this heinous crime.
Coping With Sexual Assault: How To Move Forward After Experiencing Assault
As a sexual assault survivor, it can be very difficult to move forward. No matter how you feel, remember that what happened to you is never your fault, and there is nothing you could have done to prevent it. You are the survivor, and you bear no responsibility for what happened. Your experience is real and should be taken seriously.
In addition to seeking therapy and support groups, taking care of yourself through diet, exercise, and stress management can be helpful. A trusted friend, loved one, or support group can be valuable in helping you express your feelings and heal. Support is always available to you, and you can start recovering today.
