Rape kit

DEFINITION: Package of examination materials used by a doctor or nurse (examiner) for gathering evidence from a victim following a sexual assault.

SIGNIFICANCE: The rape kit is part of the standardized protocol used in the collection and preservation of physical evidence following any allegation of rape or other serious sexual assault. The evidence gathered and preserved through the use of a rape kit can aid in the criminal investigation and prosecution of the suspected assailant.

The standardization of approach provided by the rape kit—alternatively known as the sexual assault evidence kit or sexual assault forensic evidence (SAFE) kit—is thought to limit further physical and psychological trauma to the complainant (victim) by ensuring consistency of treatment. This evidence is gathered only after consent has been obtained from the complainant, who can give consent to just part of the examination and can withdraw consent at any time during the examination. Rape kit evidence can be gathered if the complainant (who may be male or female) consents to the examination but does not want to make a report to the police at that time, as the evidence can be stored for use in the future. A number of varieties of rape kits have been developed, but the kind most commonly used in the United States is known as the Vitullo kit; it was developed by former Chicago police sergeant Louis R. Vitullo, who headed the Chicago Police Department’s crime laboratory in the 1970s. The evidence gathered using a rape kit may help police to identify a suspect and may be used in court during any subsequent trial.

Conduct of the Examination and Contents of the Kit

The examination is conducted by a medical professional, typically a doctor or nurse, who may or may not have specialized knowledge or experience in working with sexual assault victims. In many US states, rape kit exams are conducted by specially trained professionals who are part of sexual assault forensic examiner (SAFE) or sexual assault nurse examiner (SANE) programs. To secure the chain of custody after the examination is completed, the medical professional seals the rape kit in a box, which is then kept in a secure place until it is given to the police to be sent to the crime laboratory for analysis.

The rape kit typically contains instructions and forms, diagrams and checklists, slides, swabs, sterile urine collection containers, sterile sample containers, and self-sealing envelopes, bags, and labels. It is important that such materials are not “lick-sealed,” as such cross-contamination would jeopardize the integrity of the evidence. For the same reason, all sample swabs and slides must be dry before they are placed in sterile containers.

How the Kit Is Used in the Examination

Prior to using the rape kit, the examiner collects a health history from the complainant; if relevant, a gynecological history is taken, including the date of last menstruation, type of usual contraception used, and last consensual sexual contact. It is important to the chain of evidence that the complainant is at no point left alone in the room once the examination has started, and neither the complainant nor anyone accompanying the complainant is allowed to handle the evidence. If the complainant wants to urinate or defecate prior to the examination, this material is gathered as part of the evidence, and the complainant is cautioned not to wipe the area until after the examination. The complainant is also advised not to remove any menstrual protection or contraceptive device from the body.

The complainant is asked to undress over a sheet of paper to minimize any loss of trace evidence (the paper is later examined for evidence that may have fallen from the complainant’s clothing or body). The examiner then uses the rape kit to collect blood, semen, and other body fluid samples from the genitals, rectum, and mouth. The examiner combs the complainant’s head and pubic area to collect samples of the complainant’s hair and to look for any hairs or loose debris left by the perpetrator. Some hairs may be plucked from these sites. The examiner scrapes under the complainant’s fingernails to collect material that may contain skin cells, fibers, or other materials from the perpetrator. An ultraviolet light is used to identify any dried secretions on the complainant’s skin, and moist swabs are used to collect samples of any substances found. Each item of evidence is labeled and marked with a description of the sample, the complainant’s name, the name of the examiner, the date, and the initials of everyone who handled the sample.

Photographs are taken of any injuries, bite marks, lacerations, or bruises on the complainant’s body, and the clothes worn by the complainant are also preserved as evidence. The clothing and all photographs are packaged, sealed, and labeled to secure the chain of evidence.

Limitations of the Use of Rape Kits

Some physical evidence in sexual assault cases must be collected within seventy-two hours of the attack. In many US jurisdictions, if an attack occurred more than ninety-six hours prior to the examination, a rape kit is not deemed necessary. Despite the presumed scientific objectivity of the rape kit protocol, discretionary practices exist across the United States.

In some states, a complainant in a sexual assault case has the right to ask for the examination to be conducted by someone of the same gender as the complainant. The insufficient numbers of female medical personnel available in some areas may prevent some female complainants from being seen by female examiners in a timely manner. Another limitation of rape kit examinations is that the medical professional does not typically check for pregnancy or sexually transmitted infections; checks for these may need to be done at a later stage.

A rape kit can only help to determine if sexual contact has been made between certain people. It cannot provide evidence of consent or of mens rea (guilty mind). Severe injuries might suggest forced intercourse, but this cannot be proved by forensic evidence. Although rape kit evidence cannot prove guilt, it can exclude persons from suspicion; DNA (deoxyribonucleic acid) evidence gathered through the use of rape kits has been used to clear innocent people. DNA evidence can also identify suspects if their DNA is already documented. However, a backlog of at least tens of thousands of rape kits in the United States that have never been processed means that many investigations have stalled.

Bibliography

Campbell, Rebecca, Debra Patterson, and Lauren F. Lichty. “The Effectiveness of Sexual Assault Nurse Examiner (SANE) Programs: A Review of Psychological, Medical, Legal, and Community Outcomes.” Trauma, Violence, and Abuse 6, no. 4 (2005): 313-329.

Carney, Thomas P. Practical Investigation of Sex Crimes: A Strategic and Operational Approach. Boca Raton, Fla.: CRC Press, 2003.

Hazelwood, Robert R., and Ann W. Burgess, eds. Practical Aspects of Rape Investigation: A Multidisciplinary Approach. 3d ed. Boca Raton, Fla.: CRC Press, 2001.

"How Many Rape Kits Are Awaiting Testing in the US? See the Data by State." USA Facts, 3 July 2023, usafacts.org/articles/how-many-rape-kits-are-awaiting-testing-in-the-us-see-the-data-by-state/. Accessed 16 Aug. 2024.

LeBeau, Marc A., and Ashraf Mozayani, eds. Drug-Facilitated Sexual Assault: A Forensic Handbook. New York: Academic Press, 2001.

Littel, Kristin. Sexual Assault Nurse Examiner Programs: Improving the Community Response to Sexual Assault Victims. Washington, D.C.: U.S. Department of Justice, 2001.

Primorac, Dragan, and Moses Schanfield. Forensic DNA Applications: An Interdisciplinary Perspective. CRC P, 2023.

Savino, John O., and Brent E. Turvey, eds. Rape Investigation Handbook. New York: Academic Press, 2005.

Telsavaara, Terhi V. T., and Bruce A. Arrigi.“DNA Evidence in Rape Cases and the Debbie Smith Act: Forensic Practice and Criminal Justice Implications.” International Journal of Offender Therapy and Comparative Criminology 50 (October, 2006): 487-505.