A SAFE’s Guide to Suspect Examinations

By: Alayna Roberts

Overview

In cases of sexual assault, performing an examination on a victim is generally what people think of after the event has happened. Those involved focus more inherently on the victim, but what about the suspect? Evidence can transfer from the victim to the suspect, which is why sexual assault forensic examinations are important. They help find the person responsible and connect the 3 crime scenes of sexual assault: location, victim, and suspect.

SAFE Roles

When a suspect examination takes place, a sexual assault forensic examiner (SAFE) will step in. Since they are qualified to perform forensic examinations on victims and are objective professionals, the court views them as unbiased forensic experts. A member of law enforcement will also be present to witness the examination.

Examiners should conduct the suspect examination as promptly as possible, ideally within 72 to 120 hours of the assault, to optimize the chances of collecting valuable evidence. Despite the deadline, new technology in DNA analysis has allowed more leeway when testing potential evidence, even if the suspect has bathed, showered, or changed clothes and if the opportunity for a suspect examination has exceeded the maximum optimal time limit.

Elements of the Sexual Assault Evidence Collection Kit

When examining a suspect of a sexual assault case, a standardized suspect kit is used. While there are many different types of kits including different components, the following items are the most vital to have available for the suspect examination:

• Digital camera
• ABFO No. 2 Ruler
• Powder-free, latex-free gloves
• Clean white paper
• Sterile fine-tooth combs
• Envelopes for swabs and physical evidence collection
• Sterile cotton swabs
• Sterile water
• Cardboard envelopes or boxes
• Paper sacks
• Permanent marker

Sexual Assault Suspect Forensic Examination Procedure

Conducting a suspect examination involves using a consistent approach, so it’s important to ensure that the SAFE is fully prepared. First, the suspect’s consent, copy of a court order, search warrant, or incident to arrest should be readily available. Law enforcement should inform the forensic examiner of the details surrounding the assault to help identify where potential evidence may be found. If no case information is available, examiners will assume that all forms of assault may have occurred.

Swab Collection

Requirements for swab collection vary by crime lab and jurisdictions about the number of swabs collected, collection technique, and packaging of the swabs. The general rule is to use a dry swab to collect samples of moist secretions, while a swab moistened with sterile or distilled water should be used to gently collect samples of dry secretions.

Photographs

A forensic examiner should take overall photographs of the suspect before removing clothes or any other physical evidence. These photographs should include:

• Full-body photos from the front, back and sides, and a close-up of their face
• Mid-range photographs of the suspect, ensuring overlap between body parts and clothing
• Close-up photos as necessary throughout the examination to document any injuries, body markings, or other relevant findings

Clothes Collection

At the beginning of the examination, the forensic examiner should place 2 pieces of clean white paper on top of one another on the floor. The top piece of paper is used to collect any debris that may fall from the suspect’s body during the examination. SAFE’s should collect shoes if the victim or a witness described them or if they are believed to have been worn during the assault. The examiner should direct the suspect to remove their clothes, including undergarments, then document the condition of the clothes and take photographs of them. If the clothing is wet, law enforcement officials should be notified, and they should place the wet clothing in a drying cabinet or frame hood to dry without contamination.

General Examination

During a general examination, SAFEs should photograph all findings while assessing for scars, marks, lesions, tattoos, injuries, and evidence. They can use the BALD STEP mnemonic to remember to look for the following: bleeding, bruising, burns, bite marks, abrasions, avulsions, lacerations; deformities, stains, swelling, tenderness, trace evidence, erythema, patterned injury, petechiae, and penetrating injury.

Examiners should document the suspect’s demeanor, speech, and any unusual odors observed during the examination objectively. They should use swabs to collect physical evidence and label each swab with a description of the evidence and the specific location on the body where it was obtained.

If examiners find a bite mark, they should swab it, measure it, and photograph it with and without a scale. When photographing the bite mark, the SAFE should place the ruler in the 90-degree plane of the mark.

Alternate Light Source

When using an alternate light source (ALS), the examiner should turn off all the lights in the examination room and search for areas on the body that fluoresce. Regardless of the history of events, they should check the entire body and swab any areas that light up. It is important to note some areas may or may not fluoresce, and do not indicate the presence of semen. Areas that fluoresce should be documented on a body diagram.

Head Hair Combing and Collection

When collecting hair samples, the examiner should direct the suspect to bend their head forward slightly. Using the sterile comb, the examiner will comb the suspect’s hair over a piece of clean paper to collect any foreign hairs or fibers. After combing, the SAFE should place the comb inside the paper, fold the edges inward, and then label it. If the suspect has facial hair, the examiner should use a sterile comb to comb through the facial hair over a sheet of paper to collect potential evidence. In cases where the suspect has a beard, examiners should collect approximately 20 to 50 facial hairs.

Oral

Examiners should collect a swab from any part of the body where the victim was directed to place their mouth on the suspect’s body. They should label these swabs as “Oral Contact.” Examiners should photograph any injuries to the oral cavity. If the victim’s biological fluids may be present in the suspect’s mouth and it has been less than 4 hours since the assault, they should collect an oral swab by swabbing the suspect’s gum lines. As a standard, a buccal swab should also be collected.

Hands

When photographing the hands, the forensic examiner should instruct the suspect to place their hands palm down with the thumbs touching at waist height. Then, the suspect should place their hands at waist height with palms up and the fifth digits touching for a second photograph.

Fingernails

A study done by Alan Keel, a forensic biology and DNA analysis unit supervisor revealed that researchers obtained the most effective DNA results from fingernail clippings, while fingernail swabs provided the next best results. DNA from a victim may still be found on a suspect’s fingers or fingernails even after the suspect has bathed. Best practice dictates the use of a moistened swab to collect this evidence.

Genital Examination

SAFEs should take photographs of the suspect’s genital area. They should document any findings accordingly. In cases where the suspect is female, examiners should perform a vaginal examination if the history of events indicates it.

Pubic Hair

The collection of a suspect’s pubic hair includes combing through the hair with a sterile fine-tooth comb, allowing debris to fall onto a paper. The examiner should place the comb into the paper and then into a labeled envelope. Additionally, they should collect 20 to 50 pubic hairs from various parts of the pubic region. If the examiner finds that the pubic hair is shaved, they should document this finding.

Penile and Scrotal Swabbing

Using separate swabs, the examiner should swab from both the shaft and glans of the suspect’s penis and the scrotum. It is crucial to collect evidence through penile swabbing within 24 hours of the assault. Due to the effects of gravity, secretions may move downward, making it essential to perform a swabbing of the scrotal area.

Buttock, Perineum, Anal and Rectum Examination

The examiner should evaluate the buttocks, perineum, anal folds, and anus, documenting any findings. These areas should also be swabbed. Examiners should conduct an anal and rectal examination only if the patient’s history indicates it or if authorized by the search warrant.

Blood and Urine Samples

In addition to a buccal swab, SAFEs should collect blood to test for the suspect’s DNA. They should also collect a urine sample for toxicology analysis, as required by local crime lab procedures.

Conclusion

The suspect examination is similar and equally as important as the forensic examination of the victim. Through documentation of findings, the suspect examination may help confirm the identity of the suspect. If you believe someone is experiencing sexual assault call the National Sexual Assault hotline at 1-800-656-4673, or go to https://rainn.org/resources.

Additional Resources

If you want to learn more about sexual assault, check out, Sexual Assault: Victimization Across the Life Span, Second Edition.  This peer-reviewed, three-volume set gives professionals working with sexual assault cases more in-depth knowledge.