Adult sexual assault survivors' experiences with sexual assault nurse examiners (SANEs)

Sexual assault survivors often feel traumatized by the care received in traditional hospital emergency departments. To address these problems, Sexual Assault Nurse Examiner (SANE) programs were created to provide comprehensive medical care, crisis intervention, and forensic services. However, there is limited research on the actual experiences and emotional impact of sexual assault survivors who seek treatment from SANEs. This qualitative study examined twenty rape survivors' experiences with forensic nurse examiners of a Midwestern SANE program. Findings suggest that SANEs provided survivors with care and compassion, clear explanations, and choices. Taken together, these positive experiences were perceived as "humanizing". However, some survivors perceived forensic nurses as hurtful when they were not provided with choices, explanation, and/or acted cold and distant. Implications for future research on SANE care and practice are discussed.     

Why Police “Couldn't or Wouldn't” Submit Sexual Assault Kits for Forensic DNA Testing: A Focal Concerns Theory Analysis of Untested Rape Kits

In jurisdictions throughout United States, thousands of sexual assault kits (SAKs) (also termed “rape kits”) have not been submitted by the police for forensic DNA testing. DNA evidence may be helpful to sexual assault investigations and prosecutions by identifying offenders, revealing serial offenders through DNA matches across cases, and exonerating those who have been wrongly accused, so it is important to understand why police are not utilizing this evidence. In this study, we applied focal concerns theory to understand discretionary practices in rape kit testing. We conducted a three‐year ethnography in one city that had large numbers of untested SAKs—Detroit, Michigan—to understand why thousands of SAKs collected between 1980 and 2009 were never submitted by the police for forensic DNA testing. Drawing upon observational, interview, and archival data, we found that while practical concerns regarding resources available for forensic analysis were clearly a factor, as Detroit did not have the funding or staffing to test all SAKs and investigate all reported rapes, focal concerns regarding victim credibility and victim cooperation were more influential in explaining why rape kits were not tested. Implications for the criminal justice system response to sexual assault and rape kit testing legislation are examined.     

The Sexual Assault Nurse Examiner and the Successful Sexual Assault Prosecution

In recent years, specialized nursing skills have proliferated. On the leading edge of this phenomenon are sexual assault nurse examiners (SANEs). This article, and its supporting research, examines the relationship between the SANE, the prosecutor's office, and the disposition of sexual assault cases in Texas. All prosecutors in this highly populous state were surveyed regarding their perceptions of the contributions of SANEs to the criminal justice process. Sexual assault cases present at each stage of prosecution unique obstacles to conviction, as thoroughly explored in other publications. The gauntlet of trial is intimidating to many, if not all, of the victims of this offense. Attempts to protect the victim from unnecessary and irrelevant personal attacks have been somewhat successful. SANEs, invariably volunteers with specialized forensic training, provide professional evidence collection and continuity of support for victims and are a pragmatic innovation in criminal justice. In this article, their role is examined through the lens of the prosecutors, the criminal justice officials most significant and influential in determining the ultimate resolution of complaints filed by victims of crime. The officials polled expressed great confidence in the abilities, commitment, and overall contribution of SANEs at each phase of the process, including trial. The progress and impact of this forensic specialization in gaining judicial recognition as an expert witness is also examined.     

The problem of untested sexual assault kits: why are some kits never submitted to a crime laboratory?

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.     

DNA evidence in rape cases and the Debbie Smith Act: forensic practice and criminal justice implications

The Debbie Smith or "Justice for All" Act was passed on November 1, 2004. The act addresses the problem of collecting and analyzing DNA evidence from backlogged rape kits sitting in crime laboratories around the country. Presently, no empirical data exist by which to assess the soundness of the legislation. However, the act clearly affects discrete operations within the forensic and criminal justice systems. This article explores the relative merits of the Debbie Smith law, highlighting changes in Sexual Assault Nurse Examiner (SANE) programs, law enforcement, court administration, correctional treatment, and juvenile justice practices. Concerns linked to the likely impact of the "Justice for All" Act raise significant questions about its overall programmatic utility and treatment efficacy.     

Novel recovery methods for biological materials in cases of alleged sexual assault: A word of caution

Many believe that an increase in the public confidence in the investigation of sexual crimes, and in conviction rates, will lead to an increase in the reporting of these crimes. Consequently, Forensic Science Providers are continually striving to make improvements in evidence recovery and examination and the subsequent interpretation of evidence. One development is in methods that enable an individual to self-sample. However, in cases where a complainant has self-sampled, questions of when the samples were taken, how they were stored and so on, can be legitimately raised. Additionally the continuity and integrity of evidential samples may be questioned resulting in them not being acceptable to the courts and potential evidence could therefore be lost. There is a large emotional and psychological impact of sexual assault and rape and no complainant who reports a sexual assault and recovers material should have that evidence inadmissible to a court. Specialised units for victims of alleged sexual violence are available and offer far more than the recovery of evidential samples. This commentary on behalf of the Faculty of Forensic & Legal Medicine (FFLM) and the Association of Forensic Science Providers Body Fluid Forum (AFSP BFF) highlights the need for after care for the victims of sexual assault and why all evidence recovered in cases of alleged sexual assault and sexual violence should be obtained in line with best practice protocols.     

回溯与前瞻——女性性自治权的刑法保护

性侵犯罪的历史是一个从财产到权利的演变过程,从性侵犯罪的沿革来看,刑法对于性自治权的保护呈上升趋势,侵犯性自治权犯罪的起刑点在不断降低。我国刑法在性侵犯罪中仍然存在对女性的歧视,这不符合国际公约的标准。当前,应当进一步降低性侵犯罪的入罪起点,将婚内强奸、疏忽性侵犯规定为犯罪,同时设立新的同意标准。     

Rape reform in Canada: Public knowledge and opinion

Rape reform legislation in Canada was designed to change: 1) the way sexual assault cases were processed by the criminal justice system and 2) public opinion about crimes of sexual aggression. This article reports findings from a representative survey of the Canadian public and an experimental analysis of the effects of the legislation on public knowledge and attitudes. Results from the nation-wide survey indicated that most people are unaware of the semantic shift (from the old language of rape and indecent assault to the new crimes of sexual assault). However, there is awareness of the substantive legal changes introduced by the rape reform legislation (such as the fact that husbands are no longer immune from criminal changes involving their wives). It is clear that rape reform legislation has affected public knowledge of statutory reforms regarding crimes of sexual aggression. Results from the experimental component of this research show that the new sexual assault label has not achieved one of the important goals, namely of changing public perceptions of the nature of crimes of sexual aggression. Indeed, one negative effect predicted by feminist writers seems to have emerged: sentencing decisions made by the public for the offense of rape were less severe when the incident was described as a sexual assault.     

Sexual assault examinations and forensic medical samples

Recent studies and a review in the United States have identified that tens of thousands of used but untested sexual assault examination kits containing medical examination specimens are to be found in police station evidence rooms, forensic science laboratories, hospitals and rape crisis centres. A 2007 survey undertaken by the National Institute of Justice in the United States explored some of the reasons why forensic specimens are not tested by forensic science laboratories. Many of these relate to lack of knowledge on the part of investigators as to how scientific information can assist the investigation process, even if not used subsequently at trial. Cost factors and laboratory casework overload were also identified as significant. For the medical practitioner, the lack of testing poses issues that include quality management of the forensic medical examination and informed consent in a setting requiring the balancing of public and private benefits for the examinee. Limiting scientific testing, even with intelligence-led triaging of sample testing, could have an adverse effect on both prosecution and defence decision-making and ultimately could adversely affect trial outcomes.     

Clothing damage analysis and the phenomenon of the false sexual assault

This paper describes three recent false sexual assaults examined at the Victoria Forensic Science Centre laboratory where clothing damage analysis assisted in the resolution of the case. Suspected false reports of sexual assaults are often sensitive cases with little other forensic evidence. Any evidential value that can be obtained is thus valuable in order to minimize any ordeal to the complainant and any suspect and to conserve valuable resources. The findings illustrate the application of clothing damage analysis in a cross section of confirmed false sexual assault reports and the fact that the forensic examiner should be aware of the potential evidential value of this kind of analysis. Furthermore, the corroboration of a victim's scenario when the investigator has doubts may be no less valuable as it may minimize the adversarial ordeal that is often faced by a rape victim.     

From crime scene to courtroom: A review of the current bioanalytical evidence workflows used in rape and sexual assault investigations in the United Kingdom

Sexual assault casework requires the collaboration of multiple agency staff to formalise an investigative pipeline running from crime scene to court. While the same could be said of many other forensic investigations, few require the additional support of health care staff and the combined forensic involvement of body-fluid examiners, DNA experts and analytical chemists. The sheer amount of collaborative effort between agencies is laid out through a detailed examination of the investigative workflow from crime scene to courtroom with each step in the pipelines detailed and discussed. Beginning with a review of sexual assault legislation in the United Kingdom this article details how sexual assault investigations are initiated by police and supported by sexual assault referral centre (SARC) staff who are often the first responders providing primary healthcare and patient support to victims while simultaneously collecting and assessing forensic evidence. Detailing the myriad of evidential material that can be documented and collected at the SARC, the review identifies and categorises key forensic tests to first detect and identify body-fluids recovered from evidence through to the secondary analysis of DNA to help identify the suspect. This review also focusses on the collection and analysis of biological material used to support the allegation that the sexual activity was non-consensual and provides a breakdown of common marks and trauma as well as a review of common analytical methods used to infer Drug Facilitated Sexual Assault (DFSA). The culmination of the investigative pipeline is discussed by reviewing the Rape and Serious Sexual Assault (RASSO) workflow used by the Crown Prosecution Service before providing our thoughts on the future of forensic analysis and possible changes to the described workflows.     

The impact of past sexual experiences on attributions of responsibility for rape

Two factors potentially affect observers'attributions of responsibility to a rape survivor: how closely they identify with the survivor and how much they adhere to rape myths. To assess the impact of these factors, 157 female college students categorized by their sexual assault history and by their acceptance of rape myths, evaluated a sexual assault scenario. It was hypothesized that previously victimized participants would attribute less blame, and that those participants who self-identify as rape survivors would view the assault as rape more often than other participants. Neither hypothesis was supported. As expected, those who scored higher on the Rape Myths Acceptance Scale(RMAS) blamed the victim more and were less likely to believe rape had occurred. Only one subscale of the RMAS, Adversarial Sexual Beliefs, was consistently associated with participants'evaluation of the scenario, suggesting that this dimension may be especially important to understanding an observer's assessment of rape.     

Sexual assault nurse examiners' perceptions of their relationship with doctors, rape victim advocates, police, and prosecutors

In response to the negative and inefficient treatment of rape victims by emergency room personnel, the first Sexual Assault Nurse Examiner (SANE) programs began in the late 1970s. While SANEs, doctors, rape victim advocates, police officers and prosecutors work together to ensure the most comprehensive and sensitive care of rape victims, they all have very different roles and objectives. This research explores SANEs' perceptions of their relationships with other professionals who treat or interact with rape victims. Data from interviews with 39 Sexual Assault Nurse Examiners from four East Coast states indicate positive relationships are marked by open communication, respect shown towards SANEs as well as rape victims, and a sense of appreciation among SANEs. On the contrary, negative relationships result when SANEs believe police treat victims poorly, when advocates overstep boundaries and question SANEs about evidence collection or the exam, and when prosecutors fail to properly prepare them to testify during a trial.     

Predicting charges and convictions for rape suspects in Denmark: characteristics associated with the notion of the ‘credible criminal’

In recent years, focus on the high attrition rates and low conviction rates in sexual assault cases in Scandinavia has increased. Attrition refers to the dropout of cases through the criminal justice system. However, only limited research exists on the importance of suspect characteristics for the legal outcomes in these cases. The present study is the first in Scandinavia to investigate legal and extralegal suspect variables relating to charges and convictions in the criminal justice system regarding suspected offenders in rape and attempted rape cases. All reported cases of rape and attempted rape in the Eastern Jutland Police District from 2008 to 2010 with an identified rape suspect (N = 175) were analysed through binary logistic regression analyses to examine which variables might increase the likelihood of charges or convictions. Results show that suspects with one or more prior sexual assault charges were more likely to be charged and convicted of a rape offence. The results of the present study help improve the understanding of the judicial processing of cases of rape from a different perspective than the victims’ and partially lend support to the hypothesis of ‘the credible criminal’ in terms of investigative and prosecutorial decision-making in rape cases.     

A forensic international market survey of condom lubricants and personal hygiene products using ATR-FTIR coupled to chemometrics

Condom residues may be encountered in forensic investigations as traces in sexual assault or rape cases. Casework studies have shown the value of distinguishing condom residues from other types of personal products used by women. However, up to now, there has been no investigation of their chemical variability within an international context. This work employed attenuated total reflectance Fourier transform infrared spectroscopy with chemometrics to provide objective characterisation of condom lubricants and personal hygiene products from the international market. 166 samples were obtained covering five major classes of products likely to be used by women. Principal component analysis distinguished most major classes based on their spectral profiles, with subsequent support vector machine models yielding discrimination accuracies over 90%. A two-step approach was subsequently developed and enabled both classification and a discrimination accuracy of 100%. This could provide greater confidence in chemical discrimination of residues from these products when conducting investigations and help assess the origin of the chemical profile obtained. Further testing using three validation sets produced an identification accuracy of 100% for generic classes, which may allow investigative leads to be more readily obtained from recovered evidence.     

Domestic Sexual Assault: A New Opportunity for Court Response

Based on research conducted for the State Justice Institute, this article examines the invisibility of domestic sexual assault—also known as intimate partner sexual assault or spousal, wife, or marital rape—from the perspective of community and court responses to domestic violence and sexual assault. The article identifies the consequences of invisibility of domestic sexual assault, including the potential for lethality, and offers suggestions to courts for improving outcomes for victims and perpetrators. Areas explored include data collection and analysis, judicial leadership, and specialization in victim response systems, law enforcement and prosecution, court management, and offender intervention.     

When a corporation rapes: perceptions of rape in civil court for corporate defendants

In recent years, the coupling of poor outcomes for rape victims in criminal court and the widening scope of legal responsibility for sexual assault has prompted plaintiffs to file civil suits for rape against corporations. Unfortunately, we know little about juror perception of civilly litigated rape against corporate defendants and most jury research involving corporate defendants concerns non-sexual injury cases (e.g. premises liability, automobile accidents). With the increasing number of corporations being sued civilly for rape, we need to understand how civil juries perceive these cases. The present study investigated mock jurors’ perceptions of a fictional civil rape trial against a hotel. Community members (N?=?155) read one of three trial summaries: Civil rape trial against the alleged perpetrator, civil rape trial against a hotel, or criminal rape trial. Results indicate females have higher pro-plaintiff judgments than males in civil court, perceptions of greed typically associated with civil litigation apply to rape, and favorable plaintiff decisions are most likely against a corporate defendant. Also, mental models suggest mock jurors conceptualize criminal and civil rape cases against an individual similarly. We discuss our results in terms of psychological, legal and practical expectations when suing for rape.     

Unanalyzed evidence in law-enforcement agencies

Research Summary This study investigated forensic evidence processing in a nationally representative sample of state and local law-enforcement agencies (n = 3,153). For a 5-year period, agencies reported that 14% of all unsolved homicides (an estimated 3,975 cases) and 18% of all unsolved rapes (an estimated 27,595 cases) contained forensic evidence that had not been submitted to a forensic crime laboratory for analysis. Approximately 40% of these unanalyzed homicide and rape cases were reported to have contained DNA evidence. The lack of a suspect in the case was the most frequently cited reason for not submitting forensic evidence for analysis. Policy Implications Despite an increased diffusion of knowledge regarding the value of forensic evidence in the prosecution and defense of criminal cases, the investigative capabilities of forensic science are not being realized by law enforcement. Additional training for law enforcement on the use of forensic science to develop investigative leads is critical, as is the creation of departmental policies that prioritize and streamline the analysis of forensic evidence for homicide and rape cases—even in “no-suspect” cases. Ensuring adequate resources and information sharing for forensic processing especially of violent crimes, is also critical.     

“That's How She Talks”: Animating Text Message Evidence in the Sexual Assault Trial

This ethnographic study of criminal sexual assault adjudication shows how prosecutors, defense attorneys, and witnesses animate text message evidence. In contrast to other forms of courtroom testimony, text messages function as multiauthored representations of recorded correspondence in the past. Attorneys and witnesses animate texts authored by or said to characterize persons represented at trial. By whom and how the texts are animated shapes trial processes. Through a detailed comparative case analysis of two Milwaukee, WI, sexual assault trials, this article attends to the process by which text messages are said to personify or characterize authors’ meaning and intent. This animation of electronically transmitted text speaks to credibility and variably emphasizes a witness's place within gendered and racialized cultural norms. Rather than unsettling the trope of “he said, she said,” text messages become contested evidence animated by court actors within contexts of long‐standing cultural narratives of sexual victimization and offending.