How To Preserve Evidence After a Sexual Assault
A sexual assault is a violent and traumatic crime that often leaves victims feeling isolated and hopeless.
One way that victims of sexual assault can begin the process of healing is to find justice. Sexual assault is a crime that can be prosecuted, but only with the support of evidence that helps establish who the assailant of the crime was.
As upsetting as these incidents can be, victims must take proactive steps to preserve evidence after a sexual assault. The local prosecutors can use this to issue an arrest warrant and hold the assailant accountable. There is also a potential for victims of sexual assault to seek compensation through a civil complaint.
That’s a matter that a supportive Charleston sexual abuse lawyer like the attorneys at Hendrickson & Long, PLLC can help with.
We provide the information victims of sexual assault need to pursue a remedy and find a measure of closure. Much like the criminal prosecution, you would also need to preserve the evidence to support the claim.
What Are the Steps to Preserve Evidence in a Sexual Assault?
The first priority in a sexual assault is to get yourself out of danger. You need to call 911 for a police and EMT response. You will most likely be taken to a hospital to check for injuries. That is where you can take a Physical Evidence Recovery Kit (PERK) or rape kit.
A PERK is taken by a trained nurse who can collect DNA and biological samples from your body.
Your clothing will also be collected and stored for testing. The PERK is then submitted for testing to log the DNA. That information can be used to search databases for a match. That can establish proof of the assailant’s identity.
There is a Sexual Assault Victims’ Bill of Rights created by the West Virginia legislature. Among those rights is a free medical examination and evidence collection for anyone who has been sexually assaulted.
There might be a scenario where someone was sexually assaulted, but they aren’t ready to go to the police. It is still essential to preserve evidence. You don’t have to file a police report to obtain a PERK.
If you do take a PERK and it is entered into the system, you can use the West Virginia Sexual Assault Evidence Collection Kit Information System.
What Needs to Be Documented After an Assault?
Simply put, you need to document everything after a sexual assault. This begins with a detailed account of when and where the incident occurred. If there were any witnesses, you should also account for them. It is also important to take any photographs of your injuries.
There may be a scenario where there are electronic communications that might be relevant to your case. This often applies when the victim knows the assailant. Those communications can include texts, emails, or social media posts.
It is also important not to shower, bathe, or brush your teeth after an assault. That will help improve the chances of collecting DNA evidence. You also need to preserve the clothing you were wearing during the assault. If it took place in your bed, then you want to preserve the bedding.
All items should be placed in a paper bag or plastic bag and turned over to the authorities for testing.
Understanding All Your Options
There are a lot of issues to process after a sexual assault. The first is whether you should report the incident to the police. You have the right to decide whether you want to file a report. That won’t impact whether evidence can be collected and stored. That can happen without the report to the police.
If you aren’t sure about whether you should report the assault, you can speak with a legal representative at Hendrickson & Long, PLLC. We can provide you with information and guidance on your next steps. That includes discussing the options for holding additional parties responsible. For instance, if the assault took place in a commercial property with inadequate security, they could be held liable.
Call for a free and completely confidential consultation. We’re ready to listen.
