1、Designation: E 1843 96 (Reapproved 2003)Standard Guide forSexual Assault Investigation, Examination, and EvidenceCollection1This standard is issued under the fixed designation E 1843; the number immediately following the designation indicates the year oforiginal adoption or, in the case of revision,
2、 the year of last revision. A number in parentheses indicates the year of last reapproval. Asuperscript epsilon (e) indicates an editorial change since the last revision or reapproval.INTRODUCTIONReports of sexual assaults have increased steadily in the United States over the past twenty fiveyears.
3、Although the reporting rate of these assaults has tripled nationally during this period, researchstatistics indicate that sexual assault remains as one of the most under-reported types of crime. Thesestudies also indicate that the ratio of persons committing sexual assault to the general population
4、isfairly constant. The rise, therefore, in the reporting rate of sexual assault reflects improvements madein U.S. society concerning how such reports are investigated and processed in the courts. Theseimprovements have occurred in the areas of the victims movement and victim advocacy initiatives byt
5、he criminal justice system, improved police education and training, the womens movement andgender equality consciousness in society, sexual assault education in the schools and the public sectorgenerally, and the evaluation of clinical forensic nursing. The articulation of these standards carriesfor
6、ward the spirit of these improvements so as to serve the cause of justice in society.Although reports of child sexual abuse have also increased markedly in recent years, these reportsare even more difficult to substantiate than adult reports. Many children are too young to realize thatcertain kinds
7、of physical contact by others are inappropriate, and those that do may not be able toarticulate their feelings, or are dependent upon the abuser for care, or both. When children do reportsexual abuse to a third party, it may be dismissed as fantasy or falsehood. Children may be threatenedor convince
8、d that something terrible will happen to them or their families if they report the abuse, orthat they were in some way responsible for it.Traditionally, the successful prosecution of both adult and child sexual assault cases has beendifficult. The victim often is the only witness to the crime. Conse
9、quently, the documentation ofphysical injuries and the collection of trace evidence may provide important corroborating evidence.Meticulous attention to detail in the collection and preservation of evidence combined with anempathetic concern for the victim, and a respect for the legal and human righ
10、ts of the suspect isrequired. Within the community, this process is known to be facilitated by using trained forensicexaminers in the setting of a multidisciplinary team.1. Scope1.1 This guide covers the basic components for the devel-opment of a sexual assault investigation protocol, with specifica
11、ttention to the examination of assault scenes, victims andsuspects of sexual assault, the recovery of testimonial, physi-cal, and behavioral evidence, and the preservation and custodyof physical evidence.1.2 This guide outlines procedures requiring the experienceof experts in a diversity of fields.
12、A multidisciplinary teamapproach to sexual assault investigation is necessary and is thecurrent standard of care. This team should include membersskilled in the following disciplines: law enforcement, criminal-istics, victim advocacy, and clinical, forensic practice.2. Referenced Documents2.1 ASTM S
13、tandards:2E 620 Practice for Reporting Opinions of Technical ExpertsE 1020 Practice for Reporting IncidentsE 1188 Practice for Collection and Preservation of Informa-tion and Physical Items by a Technical Investigator2E 1459 Guide for Physical Evidence Labeling and RelatedDocumentation1This guide is
14、 under the jurisdiction of ASTM Committee E30 on ForensicSciences and is the direct responsibility of Subcommittee E30.01 on Criminalistics.Current edition approved Nov. 10, 1996. Published January 1997.2For referenced ASTM standards, visit the ASTM website, www.astm.org, orcontact ASTM Customer Ser
15、vice at serviceastm.org. For Annual Book of ASTMStandardsvolume information, refer to the standardss Document Summary page onthe ASTM website.1Copyright ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959, United States.E 1492 Practice for Receiving, Documenting,
16、 Storing, andRetrieving Evidence In a Forensic Science Laboratory3. General Protocol3.1 General InformationInvestigators undertaking sexualassault investigations must realize that these assaults representsignificantly underreported serious crimes and that this under-reporting is due, in significant
17、measure, to the lack of under-standing, empathy, and professional competence of investiga-tive personnel tasked with investigative responsibilities. Themost serious misunderstandings displayed on the part ofinvestigators are common misunderstandings of particularcategories of victims (enumerated bel
18、ow) and a lack ofwillingness to work with professionals in allied disciplines whoalso provide valuable services in this area.3.1.1 Sensitivity to victim needs,3.1.2 The elderly victim,3.1.3 The disabled victim,3.1.4 The male victim,3.1.5 The child victim (see Section 4),3.1.6 The homosexual victim,
19、and3.1.7 The deceased victim.3.2 Initial Law Enforcement ResponseSexual assaultsmost often come to the attention of law enforcement personnelas initial responders. It is essential for initial responders to havein place mechanisms for the immediate notification of alliedprofessionals that must also r
20、espond in a timely manner toeffect the proper investigation of these incidents. The followingtopical areas should be extensively addressed in written pro-cedures by law enforcement agencies responding to sexualassaults.3.2.1 Victim safety and security,3.2.2 Activate multidisciplinary team,3.2.3 Init
21、ial victim interview and transport to examiningfacility,3.2.4 Scene security,3.2.5 Scene search,3.2.6 Evidence identification, recovery, and security, and3.2.7 Suspect detection, apprehension, and interview.3.3 Treatment PlanEach treatment facility that deals withindividuals involved in sexual assau
22、lts as victims or suspects,or both, should promulgate written procedures that detail thefollowing areas of attention:3.3.1 Facility,3.3.2 Transfer,3.3.3 Intake,3.3.4 Reporting,3.3.5 Attending personnel,3.3.6 Medico-legal consent, and3.3.7 Evidentiary and medical examinations.3.4 Documentation and Ev
23、idence CollectionWrittenstanding operating procedures concerning evidence collectionand documentation should be published by any organization(law enforcement, health care, laboratory, private contractor, orvolunteer organizations, or both) involved in the investigationof sexual assaults. These proce
24、dures should address the fol-lowing areas:3.4.1 General Information:3.4.1.1 Documentation and terminology,3.4.1.2 Preserving the integrity of evidence,3.4.1.3 Body diagrams/illustrations (genital and non-genitaltrauma), and3.4.1.4 Photography.3.4.2 Spermatozoa/Semen,3.4.3 Clothing,3.4.4 Swabs and Sm
25、ears,3.4.5 Bitemarks or other patterned injuries,3.4.6 Hair,3.4.7 Fingernails,3.4.8 Blood specimens,3.4.9 Saliva specimens, and3.4.10 Other physical evidence.3.5 Laboratory RequestsLaboratory requests should fol-low a standard format and include pertinent details of theincident and the individuals i
26、nvolved so as to maximizelaboratory capabilities.3.5.1 Medical history,3.5.2 Incident particulars, and3.5.3 Examination procedures and findings.3.6 Transmittal of Evidence (see Guide E 1459 and PracticeE 1492):3.6.1 Specimen integrity,3.6.2 Transport of evidence, and3.6.3 Chain of custody.3.7 Post-E
27、xamination ProceduresIn the sexual assault,post-examination procedures are important due to the emo-tional trauma generally involved in incidents of this type, forreasons of personal hygiene and continued care, and for thepotential for the development of evidence that may not yet beapparent to inves
28、tigators. The following areas concerning postexamination procedures are important as a part of examiningand investigating agency protocol:3.7.1 Patient information,3.7.2 Follow-up contacts,3.7.3 Informational brochures,3.7.4 Clean-up, change of clothing, and transportation,3.7.5 Law enforcement inve
29、stigative interview,3.7.6 Case evaluation, and3.7.7 Follow-up medical examination.4. Child Protocol4.1 General InformationSo many special considerationsexist when the investigation of a child sexual assault isundertaken that special considerations and protocols are re-quired. The general categorical
30、 rules concerning adult sexualassault investigations, as enumerated in Section 3 is alsoapplicable to the child sexual assault investigation, exceptwhere superceded below. Also, agencies undertaking childsexual assault investigation should develop protocols address-ing the issues enumerated below:4.
31、1.1 Major categories of child sexual assault and abuse,and4.1.2 Communication.4.2 Initial Law Enforcement Response:4.2.1 General procedures,4.2.2 Special considerations in cases involving child vic-tims, and4.2.3 Interagency coordination.E 1843 96 (2003)24.3 Treatment Plan:4.3.1 Facility,4.3.2 Intak
32、e or Transfer, or both,4.3.3 Reporting,4.3.4 Attending personnel,4.3.5 Consent, and4.3.6 Child interviews.4.4 Documentation and Evidence Collection:4.4.1 General information.4.4.2 Physical examination.4.4.2.1 Anal, perianal, and perineal areas, and4.4.2.2 Genitalia.4.4.3 Evidence collection (differe
33、nces between adult andchild).4.5 Post-Examination Procedures:4.5.1 Patient information, and4.5.2 Law enforcement investigative interview.5. Sexually Transmitted Diseases (STD)5.1 General InformationOrganizations undertakingsexual assault investigations must be cognizant of varioussexually transmitte
34、d diseases and be prepared to identify, treator refer for treatment infected persons, or both, as well asprotect others from disease transmission. Protocols should bedeveloped for the recognition, treatment, and prevention of thetransmission of the following sexually transmitted diseases:5.1.1 Human
35、 Immunodeficiency Virus (HIV),5.1.2 Chlamydia,5.1.3 Gonococcal infections,5.1.4 Syphilis,5.1.5 Genital herpes simplex virus infection (HSV),5.1.6 Trichomonas vaginalis,5.1.7 Genital and anal warts (condyloma acuminatum),5.1.8 Vaginosis, and5.1.9 Hepatitus.6. Keywords6.1 criminal investigation; crimi
36、nalistics; forensic sciences;sexual assaultAPPENDIXES(Nonmandatory Information)X1. EVIDENCE COLLECTION KIT SPECIFICATIONSX1.1 Container SpecificationsX1.1.1 Size, andX1.1.2 Construction.X1.2 Kit ComponentsX1.2.1 Paper envelopes:X1.2.1.1 Miscellaneous envelopes,X1.2.1.2 Hair combings,X1.2.1.3 Known h
37、air,X1.2.1.4 Body fluid stain recovery, andX1.2.1.5 Known body fluid.X1.2.2 Blood tubes,X1.2.3 Combs,X1.2.4 Prepackaged swabs,X1.2.5 Frosted-end slides,X1.2.6 Evidence sealing tape,X1.2.7 Large and small paper bags,X1.2.8 Large white paper or sheet,X1.2.9 Nail evidence retrieval devices, andX1.2.10
38、Saliva retrieval devices.X1.3 Kit Printed MaterialsX1.3.1 Outside cover label,X1.3.2 Inside cover inventory label,X1.3.3 Instructions to examining team,X1.3.4 Physical examiners report,X1.3.5 Examinee interview report,X1.3.6 Authorization for release of information form,X1.3.7 Chain of custody form,
39、 andX1.3.8 Forensic Science Laboratory Request/Report.X2. ADDITIONAL EXAMINATION MATERIALSX2.1 InstrumentsX2.1.1 SpeculumE 1843 96 (2003)3ASTM International takes no position respecting the validity of any patent rights asserted in connection with any item mentionedin this standard. Users of this st
40、andard are expressly advised that determination of the validity of any such patent rights, and the riskof infringement of such rights, are entirely their own responsibility.This standard is subject to revision at any time by the responsible technical committee and must be reviewed every five years a
41、ndif not revised, either reapproved or withdrawn. Your comments are invited either for revision of this standard or for additional standardsand should be addressed to ASTM International Headquarters. Your comments will receive careful consideration at a meeting of theresponsible technical committee,
42、 which you may attend. If you feel that your comments have not received a fair hearing you shouldmake your views known to the ASTM Committee on Standards, at the address shown below.This standard is copyrighted by ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959,United States. Individual reprints (single or multiple copies) of this standard may be obtained by contacting ASTM at the aboveaddress or at 610-832-9585 (phone), 610-832-9555 (fax), or serviceastm.org (e-mail); or through the ASTM website(www.astm.org).E 1843 96 (2003)4
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