The case assessment guidebook is mainly about how to collect physical evidence in rape victims. There are mainly categories in examining rape victims the first category is ,adult clinical protocol where the victim needs to go for a medical check up. The second category is genital trauma where if there are bruises it is possible to prove rape. The third category is child clinical where a child needs to report the matter within 72 hours because evidence is lost later than that. The fourth category is male victims is growing in an alarming rate and there is a special kit for male victims. The last one is evidence collection. Where all the evidence collected is analyzed to come up with evidence that is conclusive. The rationale in having all these categories is simply that they all assist in coming to the conclusion of whether the victim was raped or not. It is essential to have a rape kit as this is where all the evidence collected is always kept. The guidebook shows how physical evidence is collected and analyzed by the forensic laboratory.
Table of contents
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Types of Rape. 4
Categories of evidence employed in the profile Construction. 5
Rationale for the inclusion and prioritization of each category. 7
The case assessment guidebook is where all the research data pertaining to sexual cases are recorded and reviewed. The main objective of the guidebook is to assess the findings, techniques utilized and to create a guidebook for the police. Data is mostly acquired from the police and the lawyers, the data is mostly about the physical evidence gathered by medical personnel (Gaensslen& Lee, 2002, p.1). Investigators were keen on finding out how the victim’s physical evidence is gathered, and if the medical personnel approved of them. The investigators used a few locations in some parts of US to find out how the physical evidence is gathered (Gaensslen & Lee, 2002, p.1).
The investigators got in touch with the police, forensic laboratory as that is where all physical evidence is researched and amplified .They developed questionnaires for the police and the lawyers. They were collecting data for the purpose of finding out how the police deal with rape cases and how they treat physical evidence. To find facts about the rape kit’s physical evidence, how they handled the physical evidence. (Gaensslen & Lee, 2002, p.1)What kind of techniques they use in testing victims and how they manage the cases. The investigation was never finished as they were too many variations in the selected areas. The objective was to find obvious rules to create concise techniques and implement them. The conclusions and recommendations was that the investigation varied in a lot of ways and it was not possible to arrive to a conclusion about that matter (Gaensslen & Lee, 2002, p.1).
Types of Rape
Rape is an offense of physical and sexual violence. There are many kinds of rapes. The first type is sexual assault where the rapist is someone you usually know and trust it is also referred to as date rape. Where, the rapist usually knows your vulnerable (Word press, 2007). Submissive rape is where the victims do not fight back so that they do not get hurt. Drug facilitated rape is where by the drug is put in your drink when you have gone out to a neighbors party or out clubbing (Word process, 2007).This kind of rape is difficult to prove as the drugs side effect is loss of memory. The victim does not remember much. (Word process, 2007). , Acquaintance rape is more like date rape victims are usually raped by some one they know. The rapists usually use force.
There are two types of child sexual abuse. The first one is child abuse, where a child is neglected, beaten or psychologically tortured. The second type is dating and domestic violence, where the motivation is usually to show the victim that they are in control (Rainn, 2008). Hate crimes usually happen due to the victim’s beliefs, color of skin, sexual preference, where you were born. Incest is sexual assault among relatives. Male sexual assault is usually never reported but it happens. The victims need care and understanding (Rainn, 2008). Partner rape is mostly between marriages or people cohabiting together. The victim does not usually comply with there partner’s sexual advances so they rape them. Sexual harassment is where by the victim is told in order for them to get a raise or promotion they have to sleep with there bosses. Sexual exploitation by helping professionals is where there is physical contact between for example a lawyer and a client. Others are stalking and stranger rape.
Categories of evidence employed in the profile Construction
Clinical examination is the proof that is required to profile construction of cases. The first category of clinical examination is the adult clinical /medical protocol. All the sexual assaults are required to be reported in the emergency rooms. Where, examination is done to collect physical evidence with the victim’s permission. The physical evidence is then photographed .Accurate and concise history of the victim is needed and also the details of the rape. The past of someone can influence the medical process as well as the results of forensic tests. Drug –enhanced rape is difficult to prove as the side effect are loss of memory or loss of consciousness it’s popular among the youth as the drug is often used in social gathering like a party, or bars scenarios. (Gaensslen & Lee, 2002, p.1).The drugs normally used are flunitrazepam, gamma-hyroxybutyrate (GHB), ketamine and benzodiazephines
The possible detection of these drugs could be used as evidence in a court of law. Victims need to be tested for STDS. It is not easy to prove that the victim got the prior disease or pregnant in the course of being raped. As one could be carrying the virus of the STDS and does not know it. Those who tested negative but later were found to be pregnant at least had a case. (Gaensslen & Lee, 2002, p.1). Some findings purport that the failure of seminal fluid on vaginal swabs does not necessarily mean that rape did not occur. Follow –ups are not considered to be of importance unless the victim’s results show she is infected with STD or pregnant .Follow-ups are not associated with physical evidence.
The second category of clinical examination is genital trauma or injury. There is information about genital trauma or injury. According to (Gaensslen & Lee, 2002, p.13) nuclear stain assists in documenting genital trauma. They had two groups one was the controlled group and the other one was the rape victims. They compared the two groups one group had consented to sex. The other group was rape victims who had been assaulted within 48 hours. The rape victims had signs of trauma as the dye had stained the underlying layers of epithelia compared to the controlled group who had superficial vulvar vaginal skin layers (Gaensslen & Lee, 2002, p.13).
The third category of the clinical examination was the child /medical protocols. Children are mostly shy about sexual matters and may take longer periods to confide in someone. When they find that courage to finally talk to someone the physical evidence is mostly lost (Gaensslen & Lee, 2002, p.13). For, evidence to be conclusive it has to be collected within 72 hours prior to the rape of the child (Gaensslen & Lee, 2002, p.13).The fourth category of the clinical examination is Male victims, these kind of sexual assault often happens in jail.
The fifth category of the clinical examination is evidence collection. The gathering of physical evidence is significant area in the examination of rape. A rape kit is all physical evidence that is gathered from the victim after the sexual assault (Gaensslen & Lee, 2001, p.13). The rape kit includes genital trauma presentation but is not limited to it. A rape kit constitutes of blood sample, saliva sample, vaginal, oral and anal swabs, smears, pubic hair standards and pubic hair. (Gaensslen & Lee, 2002, p.13). The rationale for collecting pulled pubic hair is that it is less traumatizing The rationale of collecting pubic hair assists in physical evidence as in another investigation it was found out that males mostly transferred more pubic hair than women.(Gaensslen & Lee, 2002, p.15).
Rationale for the inclusion and prioritization of each category
The first category is the adult clinical medical protocol. The rationale of including it in the prioritization is that, Physical evidence taken from the victim is crucial and should be taken within 48 hours so that evidence is not lost. (Gaensslen & Lee, 2002, p.13) The victim should consent to the collection of the physical evidence. Without the permission of the victim it is pointless to continue with collection of physical evidence.
The second category is genital trauma or injuries. Here the rationale of including it in the prioritization is, to establish if really there was a rape. There must be evidence such as genital trauma or injury (Gaensslen & Lee, 2002, p.13). The forensic laboratory deals with analyzing the physical evidence gathered. The color of the genital injuries may indicate how long they have been there. The vaginal and anal smears are analyzed to look for motile sperms and if they exist. It indicates that there was recent sexual encounter. Sperms are motile for only a couple of hours after ejaculating. All the rape kit contents are analyzed in the laboratory. (Gaensslen & Lee, 2002, p.13). The third category is child/medical protocol and the rationale of including it is that, the medical personnel definitely use different techniques in acquiring the needed physical evidence. The fact is child clinical examination and adult clinical examination are not the same as they would require different types of methods to collect the physical evidence (Gaensslen & Lee, 2002, p.11). Hence conventional medical examinations do not apply here as it does to adults. (Gaensslen & Lee, 2002, p.14).
The fourth category is male victims and it’s rationale for inclusion is that. It is a rare form of sexual assault but according to statistics the figures are astounding. They have special rape kits for male victims to make accommodations in collecting their physical evidence (Gaensslen & Lee, 2002, p.15). The fifth category is evidence collection, the justification of this inclusion is that this physical evidence is crucial in making of a case in a court of law. Rape kits are made in such a way that it assists the medical personnel in collecting the physical evidence and makes there work easier (Gaensslen & Lee, 2002, p.18).There are two ways that of categorizing biological evidence. The first one is individualization this is done through DNA typing where examination is of biological evidence (Gaensslen & Lee, 2002, p.18). The other one is identification, this is mainly used for identifying semen or body fluids. Identification for semen and saliva is cut out for further investigations. These investigations show presence of semen. (Gaensslen & Lee, 2002, p.18).
Circumstantial evidence is where by there is not enough physical evidence, to put away a rapist is more of hear say. Is when someone is actually holding a gun but the person could be innocent (Smith, 2009) Victims usually are afraid to report sexual assaults mainly they blame themselves and know think it is there fault. They can not identify the rapist.(Frasier, 2006).In order for a rapist to be convicted there must be physical evidence that the jury will believe without a shadow of doubt (Rosenthal, 2005) according to (Chester, 2009) what does not kill you only makes you stronger. The case guide book is a very important key area in identifying how physical evidence is gathered and investigated by the forensic laboratory. It’s essential in that they could learn how to improve the technique s used in gathering the data. Victims who had assistance from their lawyers were more likely to have there statements recorded by the police (Campbell, 2006).
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