SEXUAL ASSAULT FORENSIC EXAMINATIONS FAQ
WHAT IS A RAPE KIT AND A SEXUAL ASSAULT FORENSIC EXAM?
The term rape kit refers to a kit— a container that usually includes a checklist, materials, and instructions, along with envelopes and containers to package any specimens collected during a sexual assault forensic examination. A rape kit may also be referred to as a Sexual Assault Evidence Kit (SAEK). The contents of the kit vary by state and jurisdiction and may include:
Bags and paper sheets for evidence collection
Comb
Documentation forms
Envelopes
Instructions
Materials for blood samples
Swabs
The steps here outline the general process for the exam. Remember, you can stop, pause, or skip a step at any time during the examination. It is entirely your choice.
Not every hospital or health facility has someone on staff that is specially trained to perform a sexual assault forensic examination and interact with recent survivors of sexual assault. When you call the National Sexual Assault Hotline at 800.656.HOPE (4673) you will be directed to a facility that is prepared to give you the care you need. The people who can perform the exam are usually called:
Sexual Assault Nurse Examiners (SANEs) — registered nurses who receive specialized education and fulfill clinical requirements to perform the exam
Sexual Assault Forensic Examiners (SAFEs) and Sexual Assault Examiners (SAEs) — other healthcare professionals who have been instructed and trained to complete the exam
We recommend consulting a lawyer in your state or jurisdiction to learn more.
HOW DO I PREPARE FOR A SEXUAL ASSAULT FORENSIC EXAM?
A sexual assault forensic examination preserves possible DNA and other biologial evidence and helps survivors receive important medical care specialized for survivors of sexual assault.
In most cases, DNA evidence preferably needs to be collected within 72 hours in order to be analyzed by a crime lab—but a sexual assault forensic exam can reveal other forms of evidence beyond this time frame that can be useful if you decide to report. If you are able to, try to avoid activities that could potentially damage evidence such as:
Bathing
Showering
Using the restroom
Changing clothes
Combing hair
Wiping the area
Cleaning up the area
More information on the above can be found here.
DO I HAVE TO FILE A POLICE REPORT IF I GET THE EXAM DONE?
No. You may have a SAFE and choose not to report to the police at the time of the exam – or ever. A victim of sexual assault cannot be required to report the assault to the police or talk to the police or prosecutor in order to get a medical forensic examination (see Violence Against Women Act). However, hospitals, pharmacies, physicians, and surgeons may have a duty to immediately report certain information to their local law enforcement agency when a person under their care is suffering from an injury inflicted by means of violence or if the survivor is a minor or elderly/disabled (these are generally known as mandatory reporter laws).
Even when a police report is filed, a survivor still has a choice to prosecute or not.
WILL THE EXAMINATION BE BILLED TO MY INSURANCE?
This depends on your states laws. Please see the chart below for more information (1):
WHO PAYS FOR THE EXAMINATION?
Under the Violence Against Women Act (VAWA), states are required to provide medical forensic examinations to survivors free of charge and without any out-of-pocket expense. How this is paid for depends on the state (see chart below) (2).
However, this law is primarily centered on collection of the sexual assault evidence kit and does not extend to much of the medical testing, evaluation and treatment that may occur within a comprehensive medical exam, such as CT scans, MRI scans, certain laboratory testing, STI testing, pregnancy testing, and follow up care. Each state has additional laws on paying for these services and if insurance is billed for the additional treatment. For more information click here.
DOES IT MATTER IF I KNOW WHO THE PERPETRATOR WAS? SHOULD I STILL HAVE THE EXAM?
There is value in having a sexual assault forensic examination performed, regardless of whether or not you know the identity of the perpetrator or perpetrators. DNA evidence collected during the exam can play an important role in the case against the perpetrator. But the exam is about more than just the DNA collection – it’s also to document internal and external injuries, take photographs, access HIV / STI prophlaxis, and more generally to be connected to an advocate/get referrals.
HOW LONG WILL THE (RAPE KIT) EVIDENCE BE STORED?
The amount of time an evidence kit will be stored varies by state and jurisdiction. A SANE, advocate, or law enforcement officer should let you know how long the evidence will be stored and the state’s rules for disposing the kit or evidence. It’s important to note that the amount of time the kit is stored doesn’t necessarily match up with the amount of time that legal action can be taken against a perpetrator, also known as the statute of limitation.
