Sexual Assault Evidence Research Articles

Homicidal Neck Compression of Females: Autopsy and Sexual Assault Findings

Homicides due to neck compression have been noted to commonly occur with sexual assault motives. We reviewed all female homicides in which the cause of death involved neck compression, smothering, and/or asphyxia. Medical examiner records included autopsy, toxicology, and investigators’ reports. There were 78 homicides: age from 8–81 years (mean 35 years). The causes of death involved: 68 neck compressions, eight smotherings, and two homicidal asphyxias. Of the deaths caused by neck compression: 93% had injury of the soft tissues of the neck, 80% had external neck injury, 79% had petechiae of the eyes/face, and 28% had a fractured hyoid and/ or thyroid cartilage. Three decedents (4%) had no external injury or petechiae but did have soft tissue injury on internal examination. There was evidence of recent sexual activity/assault in 34/78 (44%) decedents. Although the majority of deaths due to compression of the neck had evidence of external injury and petechiae, deaths due to compression of the neck can be missed without an internal examination (20% had no external neck injury, and 4% had no external neck injury or petechiae). The absence of external injury or hyoid/thyroid cartilage fracture does not exclude fatal neck compression. The association of recent sexual activity/assault in 44% of the decedents supports the common forensic maxim to consider sexual assault (and collect sexual assault evidence) in instances of suspected neck compression/smothering deaths. Similarly, one should suspect neck compression in deaths with evidence of a sexual assault.

Predicting Sexual Assault Kit Submission Among Adolescent Rape Cases Treated in Forensic Nurse Examiner Programs

Following a sexual assault, victims are usually advised to have a medical forensic exam and sexual assault forensic exam kit (SAK). Once completed, the SAK is to be transported by law enforcement to the crime lab for analysis. However, many kits are never transported to the crime lab, thereby preventing forensic evidence obtained in the kit to be used during the prosecutorial process. The current study examined rates of SAK submission for 393 adolescent sexual assault cases in two Midwestern communities and explored what factors predicted law enforcement officers' submission of SAKs to the crime lab for analysis. Findings reveal that more than 40% of the adolescent cases did not have their SAK submitted, and several factors, including the age and race of the victim, the number of perpetrators in the assault, and the number of assaultive acts, predicted SAK submission. Implications for SAK community protocols are discussed.

Case 2: A 16-year-old girl with a history of sexual assault and post-traumatic stress

A 16-year-old girl presented to a community clinic with a history of sexual assault by a 24-year-old man six months earlier. She reported accepting a ‘Facebook’ friend request from this previously unknown man, chatting with him online for several weeks and confiding in him about problems she was experiencing with her peers at school. After engaging in increasingly intimate online conversations and exchanging a number of sexually explicit photos, she agreed to meet him in person for the first time at his home. When she refused his sexual advances, he forcefully sexually assaulted her. They have since had no contact. She presented as anxious and reluctant to report the assault to the police. Her mother, who accompanied her to the clinic, appeared distraught yet very supportive of her daughter. No current physical symptoms, such as vaginal bleeding, discharge or pain, were noted. The physical examination, including close inspection of her genital area, demonstrated normal findings. Specimens were collected to test for pregnancy and sexually transmitted infections, including gonorrhea, chlamydia, HIV, hepatitis B and C, and syphilis. A sexual assault evidence kit was not indicated due to the historical timeframe of the incident. A HEADSS (Home, Education, Activities, Drug use and abuse, Sexual behaviour, Suicidality and depression) assessment highlighted feelings of sadness, anxiety, social isolation and bullying at school. She reported experiencing intrusive thoughts of the assault, particularly at night, as well as intense feelings of self-blame and shame. The option of involving the police was discussed; however, she declined despite ongoing fears for her safety.

Barriers to the Effective Use of Medico-Legal Findings in Sexual Assault Cases Worldwide

Despite the increasing implementation of standardized rape kits across jurisdictions, the medico-legal findings generated by these tools are often not related to positive criminal justice outcomes. Given that there has been no global investigation of the factors that might impede their successful use in cases of sexual assault, we conducted a review of relevant scholarly and "grey" literature from industrialized and less-developed regions. One key theme to emerge from the analysis concerned certain problematic practices and behaviors of professional groups involved in the various stages of the post-sexual assault process. We found that a lack of competence in handling sexual assault cases, contempt for women who have been victimized, and corruption among some forensic examiners, police, scientists, and legal personnel often have shaped the collection, processing, analysis, and use of medico-legal evidence. We discuss recent initiatives and future directions for research that might serve to address these issues.

Analysis of sexual assault evidence by desorption electrospray ionization mass spectrometry

Desorption electrospray ionization mass spectrometry (DESI-MS) is employed in the forensic analysis of chemical components present in condoms and imaging of latent fingerprints as circumstantial evidence of sexual assault. Polymers such as nonoxynol-9, polyethylene glycol, and polydimethylsiloxane, as well as small molecules additives such as N-methylmorpholine, N-octylamine, N,N-dibutyl formamide, and isonox 132, commonly used in lubricated condom formulations, were successfully characterized by DESI. The results suggest that DESI-MS is useful for identification of this type of evidence, and it has advantages over conventional extractive techniques, in terms of speed of analysis and ease of use.

Material modifications for the alkaline differential extraction method for sexual assault evidence

This letter is an update to the recent Forensic Science International Genetics publication, ‘Development of a Rapid, 96-Well Alkaline Based Differential DNA Extraction Method for Sexual Assault Evidence’: W. Hudlow, M. Buoncristiani. The development of this six-step alkaline differential extraction process was concluded after it was shown to perform well with mock sexual assault swabs and authentic post-coital swabs [ [1] Hudlow W. Buoncristiani M. Development of a rapid, 96-well alkaline based differential extraction method for sexual assault evidence. Forensic Sci. Int. Genet. 2012; 6: 1-16 Abstract Full Text Full Text PDF PubMed Scopus (22) Google Scholar ]. Here, we report modifications to the six-step procedure that were made during the validation, implementation and first two years use of the alkaline differential extraction process in the California Department of Justice high-throughput sexual assault casework (Rapid DNA Service (RADS)) program.

Sperm Hy-Liter™: An effective tool for the detection of spermatozoa in sexual assault exhibits

A fluorescence-based assay specifically targeting human spermatozoa was tested and optimized for best staining results using a variety of mock sexual assault samples. Swab clippings versus whole swabs were evaluated for best sample preparation and to simplify workflow (direct application versus swab extraction). The practicality and sensitivity of Sperm Hy-Liter™ was compared to our current phase contrast microscopy protocol for searching for the presence of spermatozoa. Sperm Hy-Liter™ was more sensitive than phase contrast microscopy and was able to detect spermatozoa more effectively in actual sexual assault samples (recent [N=240] or 24 years old [N=4]) containing few spermatozoa. Correlations were drawn between the Sperm Hy-Liter™ spermatozoa counts and the AmpFlSTR(®) Profiler(®) Plus male profiles generated from the sperm cell DNA fractions of semen containing swabs and swab clippings. In addition, recovered spermatozoa from Sperm Hy-Liter™-stained slides with greater than 40 spermatozoa produced full STR male profiles in 20.3% of slides tested and partial STR male profiles in 52.8% of slides tested. The adoption of Sperm Hy-Liter™ offers a means to standardize and improve the efficiency of the microscopic screening of sexual assault evidence.

Response to Dr John Stirling's letter to the editor ‘Evidence of sexual assault in prepubertal girls’

Response to Dr John Stirling's letter to the editor ‘Evidence of sexual assault in prepubertal girls’

Rape in Chicago: Race, Myth, and the Courts

Spanning a period of four tumultuous decades from the mid-1930s through the mid-1970s, this study reassesses the ways in which Chicagoans negotiated the extraordinary challenges of rape, as either victims or accused perpetrators. Drawing on extensive trial testimony, government reports, and media coverage, Dawn Rae Flood examines how individual men and women, particularly African Americans, understood and challenged myths and claimed their right to be protected as American citizens--protected by the State against violence, and protected from the State's prejudicial investigations and interrogations. Flood shows how defense strategies, evolving in concert with changes in the broader cultural and legal environment, challenged assumptions about black criminality while continuing to deploy racist and sexist stereotypes against the plaintiffs. Uniquely combining legal studies, medical history, and personal accounts, Flood pays special attention to how medical evidence was considered in cases and how victim-patients were treated by hospital personnel. She also analyzes medical testimony in modern trials, tracing the evolution of contemporary rape kit procedures as shaped by legal requirements, trial strategies, feminist reform efforts, and women's experiences.

The New Trial by Ordeal: Rape Kits, Police Practices, and the Unintended Effects of Policy Innovation

One of the most highly touted improvements in the criminal justice response to rape has been the wide-scale adoption of sexual assault nurse examiner (SANE) programs that provide specialized medical care and forensic evidence collection to victims. Though previous studies have emphasized the benefits of SANE programs in improving criminal case outcomes, this study illustrates how the post-rape forensic examination can also discourage reporting, investigation, and prosecution. Interviews with local rape care advocates across the United States show how the increasing emphasis on forensic evidence collected through rape kits may provide an opportunity to reflect and enact persistent law enforcement stereotypes toward sexual assault complainants. Unless police resistance to taking rape seriously is confronted and addressed, even well-intentioned policy reforms such as SANE programs may end up undermining—rather than enhancing—fair and thorough investigation of sexual assault allegations.

Modified Practical Approach in Repeated DNA Studies of Biological Evidence of Sexual Assault

ABSTRACTIn some cases, the initial studies of biological traces collected by vaginal and anal swabs after sexual assault are unsuccessful and do not end in deriving the genetic profile of the perpetrator and explicitly proving the sexual crime. Here we present and compare a group of 133 samples from 65 cases of sexual assault, on which we carried out repeated studies, using DNA typing from vaginal and anal swabs. The initial studies of these materials had been unsuccessful and had not led to deriving the genetic profiles of the offenders. Based on the obtained results, we present an alternative practical approach to collecting the maximum amount of remaining biological material deposited on the swab handles to conduct repeated tests of vaginal and anal/rectal smears. The practical approach applied by us analyzes whole 2.5 cm fragments cut out from the middle third of the swab handles, where biological material from the entrance of the vagina or the anal sphincter could have been collected. This approach yielded a further increase in the overall rate of successful DNA typing of approximately 14% for vaginal smears and 8% for anal/rectal ones.

Standard 28-cycle amplification of X/Y-FISH labelled epithelial cells for DNA profiling

The examination of sexual assault evidence frequently involves the analysis of samples that comprise mixtures of male and female cells. Separating male and female cells benefits analysis as the results are more likely to be simplified into profiles from single contributors. Some separation methods have focussed on separation of sperm from epithelial cells, but samples without sperm also require separation (vasectomised males, licked skin, etc.). X/Y chromosome FISH labelling when combined with laser micro-dissection (LMD) is a reliable method to separate male and female epithelial cells, but has mostly been combined with increased cycle PCR to create DNA profiles, limiting its use in many forensic laboratories. This study aimed to determine the limits of cell numbers collected by LMD for standard 28-cycle DNA profiling, and to test the effects, if any, on stochastic variation normally caused by sampling effects. Male and female epithelial cells were stained using the Vysis CEP X/Y DNA Probe kits, and collected using a Leica LMD6000. DNA was extracted and amplified by the ESR in-house one-tube method, using standard 28-cycle PCR with the AmpFISTR Identifiler™ (Applied Biosystems) multiplex kit. Full IdentifilerTM DNA profiles were produced using standard 28-cycle PCR, and partial profiles suitable for submission were produced from even relatively low numbers of cells collected. Profiling results were compared with low-copy number PCR on low numbers of cells stained and collected in the same manner, and the observed effects on heterozygote balance are discussed.

Measuring Violence: Vicarious Trauma Among Sexual Assault Nurse Examiners

Sexual Assault Nurse Examiners (SANEs) are now commonplace in the continuum of care for victims of sexual violence in the United States. The presence of SANE programs has increased precision in the use of rape kits, improved patient care, and increased the effectiveness of expert court testimony. However, SANEs are exposed to a working environment that demands a professional response to devastating acts of trauma and violence perpetrated towards adults and children. This exploratory article presents the rates of vicarious trauma found among the SANE sample as reported through the 17-item Secondary Traumatic Stress Scale to understand the extent of secondary victimization among these service providers. By placing vicarious trauma within the context of sexual violence victimization, we expose a hidden site of violence and call for expanding our definition of victim of gender-based violence.

Three decade old cold case murder solved with evidence from a sexual assault kit

Sexual assault occurs at alarming rates in America. The true incidence remains unknown as many victims fail to both report for immediate medical care and notify law enforcement of the crime committed. For those who do seek medical assistance, a Sexual Assault Kit is available in Emergency Departments with established protocols for the forwarding of collected specimens to law enforcement. A crime lab analyzes the evidence to identify the offender's DNA. A DNA profile is then created and archived into a database. This case involved a woman who not only endured a sexual assault, but also sustained multiple gun shot wounds, and witnessed the murder of her friend nearly three decades ago. At that time, she was treated for her injuries and evidence was collected and secured into a Sexual Assault Kit. A DNA profile was then created from a predetermined crime lab. In 2011, a Cold Case Investigator, who was reviewing all archived DNA profiles of currently incarcerated individuals in the city where the initial crime was committed, was able to match a current prisoner's DNA to that of the DNA profile created from specimens collected during the sexual assault exam nearly thirty years ago. The perpetrator subsequently was charged with murder by the criminal justice system and received a thirty year sentence without opportunity for parole.

Direct analysis in real time mass spectrometry for analysis of sexual assault evidence

Sexual assault crimes are vastly underreported and suffer from alarmingly low prosecution and conviction rates. The key scientific method to aid in prosecution of such cases is forensic DNA analysis, where biological evidence such as semen collected using a rape test kit is used to determine a suspect's DNA profile. However, the growing awareness by criminals of the importance of DNA in the prosecution of sexual assaults has resulted in increased condom use by assailants as a means to avoid leaving behind their DNA. Thus, other types of trace evidence are important to help corroborate victims' accounts, exonerate the innocent, link suspects to the crime, or confirm penetration. Direct Analysis in Real Time Mass Spectrometry (DART-MS) was employed for the comprehensive characterization of non-DNA trace evidence associated with sexual assault. The ambient ionization method associated with DART-MS is extremely rapid and samples are processed instantaneously, without the need for extraction, sample preparation, or other means that might compromise forensic evidence for future analyses. In a single assay, we demonstrated the ability to identify lubricant formulations associated with sexual assault, such as the spermicide nonoxynol-9, compounds used in condom manufacture, and numerous other trace components as probative evidence. In addition, the method can also serve to identify compounds within trace biological residues, such as fatty acids commonly identified in latent fingerprints. Characterization of lubricant residues as probative evidence serves to establish a connection between the victim and the perpetrator, and the availability of these details may lead to higher rates of prosecution and conviction, as well as more severe penalties. The methodology described here opens the way for the adoption of a comprehensive, rapid, and sensitive analysis for use in crime labs, while providing knowledge that can inform and guide criminal justice policy and practice.

Validation Study of KPICS SpermFinder™ by NicheVision Forensics, LLC for the Identification of Human Spermatozoa*

Microscopic analysis for the identification of spermatozoa is commonly performed during the forensic examination of sexual assault evidence. Two widely utilized methods for the confirmation of the presence of spermatozoa are visualization of the cells via phase-contrast microscopy with wet mounted samples and bright field microscopy with histologically stained samples. The KPICS SpermFinder™ by NicheVision Forensics, LLC accelerates this time-consuming process via an automated microscope with an algorithm designed to locate spermatozoa on a Christmas tree histologically stained microscope slide. Upon a qualified scientist's review of the generated data, the KPICS SpermFinder™ was able to locate spermatozoa, typically finding on average 106.28% ± 115.37% more spermatozoa than with manual examinations. The KPICS SpermFinder™ provided the location of identified cells with reproducible results.

The Problem of Untested Sexual Assault Kits

Victims of sexual assault are often advised to seek postassault medical care to have a forensic exam, which includes evidence collection (termed a sexual assault kit [SAK]). After the exam, law enforcement personnel are supposed to submit the SAK to a crime laboratory for analysis. However, recent media reports suggest that in many communities throughout the United States, thousands of SAKs are left untested. Few studies have examined the rate at which law enforcement submits SAKs to crime labs or the factors that may predict them to do so. Thus, the purpose of this exploratory study is twofold: (a) to examine the percentage of SAKs law enforcement submits to crime labs in cases in which a sexual assault nurse examiner (SANE) performed the exam with adult victims and (b) to explore whether assault and law enforcement characteristics predict whether SAKs are submitted to a crime lab. This study found that only 58.6% of the SAKs were submitted to the crime lab within a large Midwestern county. Using binary logistic regression, this study found that kits were significantly as likely to be submitted when there were documented physical (nonanogenital) injuries compared with kits that did not have documented physical injuries. In addition, kits that were handled by a law enforcement agency that had a high level of engagement with the SANE program were significantly as likely to be submitted as law enforcement agencies with a low or medium level of engagement. Kits were significantly less likely to be submitted when victims cleaned themselves after the sexual assault (e.g., bathing). No association was found between kit submission and the victim-offender relationship, suspected drug-facilitated sexual assault, anogenital injury, and when the victim consumed alcohol or drugs before the assault. This article concludes with a discussion of the implications for research and practice.

Sexual assault forensic workshop

The Vincent Report into the Farah Jama Case highlights the issues regarding the taking of sexual assault evidence and the potential risks of contamination. This workshop aims to use the lessons learned in forensic medicine in relation to sexual assault in live victims and translated into better processes for examining the dead victims of sexual assault in order to prevent the risk of cross contamination. We will be producing a number of scenarios and using mannequins to demonstrate the appropriate system for taking sexual assault evidence to minimise the risk of contamination and also to assist with the documentation and recognition of particular patterns of injury in sexual assault and their potential significance in recovering valid forensic evidence in these contexts. The workshop will be run by Dr Cathy Lincoln who has extensive experience in distinguishing between genital injuries in sexual assault and consensual sex and Dr Chris Lawrence who is the Director of Statewide Forensic Medical Services for the State of Tasmania. The Vincent Report into the Farah Jama Case highlights the issues regarding the taking of sexual assault evidence and the potential risks of contamination. This workshop aims to use the lessons learned in forensic medicine in relation to sexual assault in live victims and translated into better processes for examining the dead victims of sexual assault in order to prevent the risk of cross contamination. We will be producing a number of scenarios and using mannequins to demonstrate the appropriate system for taking sexual assault evidence to minimise the risk of contamination and also to assist with the documentation and recognition of particular patterns of injury in sexual assault and their potential significance in recovering valid forensic evidence in these contexts. The workshop will be run by Dr Cathy Lincoln who has extensive experience in distinguishing between genital injuries in sexual assault and consensual sex and Dr Chris Lawrence who is the Director of Statewide Forensic Medical Services for the State of Tasmania.

Sexual assault specimens: what happens in the lab?

Examination of exhibits taken from a patient of a suspected sexual assault for the presence of biological material has undergone massive change over the last few years. The presence of semen on one of the exhibits will invariably result in a DNA profile but even when semen is absent, trace DNA analysis can provide sufficient information to identify the alleged offender. With this increased sensitivity comes the increased likelihood of contamination, and protocols must be present to ensure that contamination is minimised. Nevertheless, while the correct result is an imperative, the criminal justice system must also be served by reducing the backlog of unexamined sexual assault kits and providing quick feedback of the results to the criminal investigator. This talk will discuss the success of newer methodologies available in the NSW DNA testing laboratory including the use of new extraction chemistries and liquid handling platforms which has resulted in higher throughput of samples. Using case examples it will examine the use of alternative methodologies such as Y-STR DNA kits in providing evidence to the courts. Lastly, it will address the increased sensitivity of detection and issues relating to contamination minimisation at a laboratory level. Examination of exhibits taken from a patient of a suspected sexual assault for the presence of biological material has undergone massive change over the last few years. The presence of semen on one of the exhibits will invariably result in a DNA profile but even when semen is absent, trace DNA analysis can provide sufficient information to identify the alleged offender. With this increased sensitivity comes the increased likelihood of contamination, and protocols must be present to ensure that contamination is minimised. Nevertheless, while the correct result is an imperative, the criminal justice system must also be served by reducing the backlog of unexamined sexual assault kits and providing quick feedback of the results to the criminal investigator. This talk will discuss the success of newer methodologies available in the NSW DNA testing laboratory including the use of new extraction chemistries and liquid handling platforms which has resulted in higher throughput of samples. Using case examples it will examine the use of alternative methodologies such as Y-STR DNA kits in providing evidence to the courts. Lastly, it will address the increased sensitivity of detection and issues relating to contamination minimisation at a laboratory level.

Tracing the 'Messy' History of Forensic DNA Analysis in Canada

This paper explores the history of scientific controversy surrounding forensic DNA analysis in the Canadian legal system. It focuses on DNA analysis and its introduction to legal cases of sexual assault. Drawing on Actor-Network Theory, this paper explores the scientific and legal controversies that proceeded the ‘black boxing’ of DNA analysis in the medicolegal system. This paper begins by outlining some the important contributors to the invention of DNA analysis and the Sexual Assault Evidence Kit (SAEK), a tool involved in collecting forensic DNA evidence. It then traces critiques from feminists, legal professionals, and scientists, who all raised objections to the introduction of forensic DNA analysis. The paper concludes by considering whether forensic DNA evidence has been successfully ‘black boxed’ in the Canadian medicolegal system. Key words: DNA Analysis; Actor-Network Theory; Canadian legal system