Model Policy on Evidence Protocol and Forensic Medical Examinations

The (agency) will maintain a uniform evidence protocol that maximizes the potential of obtaining usable physical evidence for administrative proceedings, investigations and criminal prosecutions. The protocol for uniform evidence is derived from the United States Department of Justice’s Office on Violence Against Women publication “A National Protocol for Sexual Assault Medical Forensic Examinations, Adults/Adolescents.”

After notification by the victim, but before examination by medical personnel, the victim should NOT wash hands or other body parts, brush teeth, drink or eat, change clothes, urinate or defecate. The agency ensures that these requirements are explained to any youth who reports being a victim of sexual abuse in language that is easily understandable. The goal is to preserve potential evidence during medical and forensic examination.

Any youth who reports being a victim of sexual assault, whether at the time of intake or at any time during detention, will be evaluated by a health professional trained in evidence collection and referred to a community facility for evidence gathering and treatment. The medical and psychological trauma of a sexual assault are minimized as much as possible by prompt and appropriate health intervention. All such evaluations will be provided free of cost to the client. The agency shall offer all residents who experience sexual abuse access to forensic medical examinations whether on-site or at an outside facility, without financial cost. Examinations shall be performed by Sexual Assault Forensic Examiners or Sexual Assault Nurse Examiners where possible. If such professionals cannot be made available, the examination can be performed by other qualified medical practitioners. The agency will document its efforts to conduct appropriate examinations.

Procedure:

• As soon as any staff receives information about a sexual assault, a referral is made to a nurse or other health care provider.
• A history of the situation is taken and evaluation of physical injuries is completed. Thorough documentation is entered into the clinical record.
• Examinations for sexual assault or rape evidence must be referred to a community facility.
• When possible, youth are provided with a trained victim advocate to accompany them to the forensic examination. Local victim advocate programs will be contacted for this purpose. Preferably, the advocate is trained in working with adolescent victims of sexual abuse.

The agency shall attempt to make a victim advocate available to the victim. If a rape crisis center is not available to provide victim advocate services, the agency shall make advocacy services available through a qualified staff member from the facility or from a community organization. The agency documents efforts to secure services that include intervention and assistance, such as the services specified in U.S.C. 14043g(b)(2)(C), to victims of sexual assault. As requested by the victim, the victim advocate shall accompany and support the victim through the forensic medical examination process and investigatory interviews and shall provide emotional support, crisis intervention, information, and referrals.

If the agency itself is not responsible for investigating allegations of sexual abuse, the agency shall request that the investigating agency follow the above requirements.

Additional policy and procedure features:

• specifies how attempts to conduct examinations and provide advocacy services are documented
• includes links to relevant agreements with outside agencies

42 USC 14043g: Sexual assault services program
A National Protocol for Sexual Assault Medical Forensic Examinations, Adults/Adolescents (PDF)

PREA Standard 115.321
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