After a sexual assault, many victims are afraid to tell anyone what happened. They might unfairly blame themselves for the assault or fear that no one will believe them. It is perfectly understandable that many victims want to take a hot shower and then stay home.
Nonetheless, forensic evidence is crucial to any criminal or civil case going forward. For this reason, the police and advocates for sexual assault victims recommend going to the hospital to have a rape kit performed.
What is this kit? And how important is it to your case? These are important questions many assault victims have. Our sexual assault lawyer explains their importance below. Contact Stewart Miller Simmons Trial Attorneys for a confidential meeting with a sexual assault lawyer if you have questions.
What is a Rape Kit?
This is a name given to the forensic exam performed on sexual assault victims. According to RAINN, the kit is a container that holds swabs which a medical professional will use to swipe the inside of your mouth as well as your genitals. The swabs are designed to catch bodily fluids, like saliva or semen. These fluids often contain genetic material, so they could be tested for DNA, which can identify who assaulted you.
The kit should also have combs and other materials to help collect clothing fibers and hairs. These can also help establish the identity of your assailant, especially where DNA evidence is lacking.
As part of the rape kit, you will probably have a blood test to check for sexual transmitted infections or diseases, as well as pregnancy. You can go over the results of these blood tests one or two weeks later with your doctor and receive appropriate medical care.
Where is the Exam Performed?
You can have it done at a hospital or doctor’s office, free of charge. Call the National Sexual Assault Hotline at 800-656-4673 (HOPE) to find a location. Before having the kit done, you can receive care for any bruises, cuts, fractures, or other physical injuries, like genital bleeding.
Many victims are understandably hesitant to be swabbed and blood tested in the hours following a traumatic assault. Nonetheless, this test can provide crucial information that identifies your attacker.
Experts also recommend going through with the forensic exam even if you have made up your mind that you aren’t reporting the assault to the police. That is your choice as an adult. But if you change your mind a week later, the forensic evidence is usually gone—washed down the drain, and you can’t recover it. For this reason, we highly recommend seeking care.
How Important is the Forensic Exam?
Very important. Without DNA, fiber, or hair evidence, you will probably only have your testimony to rely on. That is certainly valuable evidence, but you can expect your attacker to tell a different story. Often, they deny ever having touched you or meeting you, and they might have an alibi witness to back them up. DNA or hair evidence could definitively debunk their story.
Of course, forensic evidence is only some evidence of rape or sexual assault. A defendant can still claim that you consented to the sexual encounter. That would explain away hairs and semen being on you. Consent is a valid defense to assault, so forensic evidence does not create an “open and shut” case, but it is important evidence just the same.
Does Georgia Have a Backlog of Rape Kits?
Yes. Once a doctor collects all evidence, it still needs to be tested. Untested kits pile up for many reasons, including a lack of funding. In 2016, the state found 3,000 untested kits in hospitals and at police stations. The state then adopted a law requiring that all kits be turned over to the state.
Fortunately, Georgia has made good progress clearing its backlog. According to Fox 5, the Georgia Bureau of Investigations had 1,715 kits to process in 2020. They managed to whittle that number down to 380 two years later. In fact, the sate made it a priority during the pandemic to continuing performing tests on their rape kits, which has help clear much of the backlog.
If you were assaulted, please do not fail to go to a hospital because you are afraid it will get lost in the shuffle. Georgia has shown a commitment to getting these kits processed properly. The state is even considering buying robots that can perform preliminary testing and speed up processing.
How Should I Prepare for Having a Forensic Exam?
You don’t really need to prepare. However, there are things you should avoid doing:
- Don’t shower
- Don’t go to the bathroom
- Don’t change your clothes
- Don’t brush your clothes off
- Don’t clean the area where the attack happened
Taking any of those actions could destroy evidence. It is perfectly understandable that you want to immediately shower after an assault to remove any trace of your attacker, but the risk is that you lose evidence in the process.
As you can imagine, you should ideally seek medical attention as soon as you are in a safe place and away from your attacker. DNA evidence usually degrades after 3 days, but hairs could fall off much sooner. Once you are safe, call a friend or family member to take you to the hospital. Or get an Uber or taxi if you don’t want anyone to know you are going.
Receiving Support
There is another reason to reach out after an assault: you should seek other supportive care, like counseling. Your doctor might have a directory of mental health therapists you can meet with in a confidential setting. No one has to suffer the repercussions of sexual assault alone.
Contact Our Atlanta Sexual Assault Lawyer to Discuss Your Legal Rights
Sexual assault is an outrage. Fortunately, Georgia law allows victims to sue their attacker, as well as anyone else whose negligence might have contributed to the assault. For help analyzing your legal rights, call Stewart Miller Simmons Trial Attorneys at (404) 689-0817. We offer compassionate legal representation to sexual assault victims and offer a safe setting where victims can tell their story.