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National Best Practices for Sexual Assault Kits: a Multidisciplinary Approach

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National Best Practices for Sexual Assault Kits: a Multidisciplinary Approach U.S. Department of Justice Office of Justice Programs National Institute of Justice National Best Practices for Sexual Assault Kits: A Multidisciplinary Approach U.S. Department of Justice Office of Justice Programs 810 Seventh St. N.W. Washington, DC 20531 Howard Spivak Acting Director, National Institute of Justice This and other publications and products of the National Institute of Justice can be found at: National Institute of Justice Strengthen Science • Advance Justice https://www.NIJ.gov Office of Justice Programs Building Solutions • Supporting Communities • Advancing Justice https://www.ojp.usdoj.gov The National Institute of Justice is the research, development and evaluation agency of the U.S. Department of Justice. NIJ’s mission is to advance scientific research, development and evaluation to enhance the administration of justice and public safety. The National Institute of Justice is a component of the Office of Justice Programs, which also includes the Bureau of Justice Assistance; the Bureau of Justice Statistics; the Office for Victims of Crime; the Office of Juvenile Justice and Delinquency Prevention; and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Opinions or conclusions expressed in this paper are those of the authors and do not necessarily reflect the official position or policies of the U.S. Department of Justice. NCJ 250384 Contents Sexual Assault Forensic Evidence Reporting (SAFER) Act Working Group ....................................................... iii Summary of Recommendations .................................................................. ix Background ..............................................................................................1 Chapter 1: Multidisciplinary Approach ........................................................7 Chapter 2: The Medical-Forensic Exam and Sexual Assault Evidence Collection ............................................................13 Chapter 3: Transparency and Accountability of Law Enforcement for SAKs ....................................................................33 Chapter 4: Investigative Considerations .....................................................45 Chapter 5: Processing Sexual Assault Kits in the Laboratory ........................................................................................53 Chapter 6: Post-Analysis Communication and Policy Considerations ..............................................................................67 Conclusion .............................................................................................75 Multidisciplinary Sexual Assault Glossary ..................................................79 References..............................................................................................81 Resources ...............................................................................................91 Appendix A: Research Supporting Trauma-Informed Care ...........................................................................107 Appendix B: Federal Government Recommendations .................................109 Appendix C: The Persistence of Body Fluids and DNA ...............................113 Appendix D: Recommended High-Throughput Process Flow for Sexual Assault Kits .........................................................115 Appendix E: Outsourcing Sexual Assault Kits ............................................117 Appendix F: Highlights of the NIJ Action Research Projects in Detroit and Houston ..................................................119 Appendix G: 15 Key Principles for Developing a Victim Notification Protocol ................................................................. 121 Appendix H: Victim Notification Process .................................................. 123 National Best Practices for Sexual Assault Kits: A Multidisciplinary Approach • i Sexual Assault Forensic Evidence Reporting (SAFER) Act Working Group he SAFER Working Group was developed to address the SAFER (Sexual Assault Forensic Evidence Reporting) Act of 2013, which recommends, T in part, the development of best practices and protocols for the collection and processing of DNA evidence in sexual assault cases.1 The SAFER Working Group, which convened over the course of more than two years, consisted of subject matter experts empaneled by the National Institute of Justice (NIJ) and representing victims, victim advocates, sexual assault nurse examiners, medical examiners, forensic laboratories, law enforcement agencies, prosecutors, and the judiciary. The working group considered issues relating to evidence collection; prioritization of evidence and time periods for collection; evidence inventory, tracking, and auditing technology solutions; investigative and policy considerations; and communication strategies. With the diversity of backgrounds and views, the SAFER Working Group successfully reached substantial agreement on a variety of complex issues. A draft of this document was also posted for public comment in August 2016 and received a litany of generally positive feedback along with a number of extremely helpful suggestions. All of the comments were considered, deliberated, and ultimately used to strengthen the document. The recommendations in this document are not mandated by any governing body; they are provided as recommended best practices based on research, well-established processes from other disciplines, extensive professional experience of the working group members, and input from the public. 1 The Sexual Assault Forensic Evidence Reporting Act of 2013 (SAFER Act), P.L. 113-4, § 1002, (o)(1). National Best Practices for Sexual Assault Kits: A Multidisciplinary Approach • iii SAFER Technical Working Group Members Michelle Arbeit George Herrin, Jr. National Institute of Justice Georgia Bureau of Investigation Ginger Baran Lyons Charles Heurich Office on Violence Against National Institute of Justice Women (OVW) Ted Hunt Hannah Barcus Jackson County (MO) Prosecutor’s Booz Allen Hamilton Consultant for Office National Institute of Justice Kimberly Hurst Emily Burton-Blank Wayne County (MI) SAFE Center for Victims Gerald LaPorte Amber Carr National Institute of Justice Federal Bureau of Investigation Laboratory Heather LaSalle Federal Bureau of Investigation Sonia Corrales Laboratory Houston Area Women’s Center Julie Lecea Jennifer Coursey Air Force Office of Special Defense Forensic Science Center Investigations Brenda Danosky Mary Lentschke Illinois State Police Houston (TX) Police Department Kim Day Eugene Lien International Association of New York City Office of Chief Forensic Nurses Medical Examiner Rachell Ekroos Jim Markey Center for Forensic Nursing Phoenix (AZ) Police Department (Ret.), Excellence International Sex Crimes Unit/Investigative Lead, LLC Neil Fernandopulle Centre of Forensic Science Beth Ann Marne Pennsylvania State Police Jodie Flynn Capital University Doug McGowen City of Memphis (TN) Norm Gahn Office of the District Attorney, Pattie Melton Milwaukee County (WI) (Ret.) RTI International Kellie Greene Melissa Mourges Office on Violence Against Women Manhattan County (NY) District Attorney’s Office Dawn Herkenham Leidos iv • National Institute of Justice Jeffrey Nye Jessica Shaw Michigan State Police Boston College Anthony Onorato Patricia Speck Federal Bureau of Investigation The University of Alabama at Laboratory Birmingham Helen Rafaniello Jill Spriggs New York City Office of Chief Sacramento County (CA) District Medical Examiner Attorney’s Office Crime Laboratory Karyn Rasile Stephanie Stoiloff Rasile Training and Consulting, LLC Miami-Dade (FL) Police Department Keith (Ronald) Reid Melissa Suddeth Metropolitan Police Department (DC) Florida Department of Law Enforcement Ron Reinstein Judicial Consultant, Arizona Supreme Robert Taylor Court Los Angeles County (CA) Sheriff’s Department Lutz Roewer Institute of Legal Medicine and Julie Valentine Forensic Sciences Brigham Young University College of Nursing Kristin Roman New York City Office of Chief Russell Vossbrink Medical Examiner Arizona Department of Public Safety Kris Rose Heather Waltke Office for Victims of Crime (OVC) National Institute of Justice Jordan Satinsky Erica Weber Montgomery County (MD) Jacksonville (FL) Sheriff’s Office Department of Police Danielle Weiss Lisa Schiermeier-Wood Booz Allen Hamilton Consultant for Virginia Department of Forensic National Institute of Justice Science Ray Wickenheiser Allison Sedowski New York State Police Crime Independent Consultant Laboratory System The final recommendations contained in this document are the result of a consensus process and do not necessarily represent the views or opinions of the individual working group members or their agencies and affiliations. National Best Practices for Sexual Assault Kits: A Multidisciplinary Approach • v SAFER Editorial Board Hannah Barcus Julie Lecea Booz Allen Hamilton Consultant for Air Force Office of Special National Institute of Justice Investigations Amber Carr Mary Lentschke Federal Bureau of Investigation Houston (TX) Police Department Laboratory Jim Markey Kim Day Phoenix (AZ) Police Department (Ret.), International Association of Forensic Sex Crimes Unit/Investigative Nurses Lead, LLC Norm Gahn Stephanie Stoiloff Office of the District Attorney, Miami-Dade (FL) Police Department Milwaukee County (WI) (Ret.) Heather Waltke Kellie Greene National Institute of Justice Office on Violence Against Women Danielle Weiss Dawn Herkenham Booz Allen Hamilton
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