Rape and sexual assault are horrific crimes. The immediate aftermath can be confusing and overwhelming. Survivors face questions from police and other authorities, along with intrusive medical examinations to gather evidence. Movies and media outlets often refer to a sexual assault forensic exam (SAFE) as a “rape kit.” These exams are a crucial tool in pursuing justice for sexual assault survivors.
What Is a SAFE?
During a SAFE, specially trained medical professionals provide medical care to patients after they experience sexual violence and collect evidence related to the assault. These exams can be performed by a qualified Sexual Assault Nurse Examiner (SANE), a Sexual Assault Forensic Examiner (SAFE), or a Sexual Assault Examiner (SAE).
A SAFE should be performed in a private setting, with or without a chaperone present at the patient’s discretion. The process may include:
• Obtaining the patient’s medical history.
• Evaluating and examining for injuries and illnesses.
• Providing an STI screening.
• Providing STI & pregnancy prevention medications.
• Initiating HIV nPEP treatment if indicated (up to 72 hours/3 days) after an incident.
• Collecting any forensic evidence (hair, skin, fluids, etc.).
• Providing the patient with information about their legal and medical options.
• Providing referrals for follow-up care, including counseling and medical treatment.
• Providing a change of clothing, toiletries, and a place to shower after the exam.
Patients have the right to decline any part of the recommended SAFE exam components. These exams include some very personal questions regarding sexual activity, including information about any recent consensual acts. Although these may seem intrusive, they can be crucial to a successful case. The patient will also be asked to go through the details of the attack.
Tools for Evidence Collection
A SAFE includes a full-body examination and may also include photographs of various body areas. The examiner may also take samples such as blood, urine, and hair. Depending on the nature of the attack, they may also perform internal examinations of areas such as the mouth, vagina, and anus.
A “sexual assault evidence kit” (SAEK) is a collection of tools and instructions for collecting evidence after someone has been sexually assaulted. Although there can be slight variations, most kits include:
• Forms to record all the victim’s details.
• Instructions for medical professionals using the kit.
• Comb.
• Swabs.
• Materials and tools for collecting blood samples.
• Bags, envelopes, and paper sheets to collect, document, and store evidence.
The examiner will take swabs from areas of the body the attacker may have touched, kissed, or bitten. They may also take fingernail clippings in case the victim has managed to collect any of the attacker’s skin or blood under their nails. Bodily fluids, hair, and skin cells are all potential sources of DNA evidence that may help identify and convict a rapist. However, this evidence must be collected within 72 hours of the attack.
This extensive examination and collection process often takes between four and six hours to complete. The examiner gives the collected evidence, usually called the “rape kit,” to local law enforcement authorities, who log it into their evidence system. If the police pursue an investigation, they can send the kit to the crime lab for testing and compare any identifying information against their databases.
How Can I Get a SAFE?
Since 2015, victims of rape in Louisiana no longer have to pay for a SAFE or healthcare services related to their assault, including the initial exam and later tests such as those for STDs (sexually transmitted diseases) and pregnancy. Reducing the barriers to obtaining these exams highlights the importance they play in pursuing justice.
Three facilities provide certified SAFE exams in the New Orleans area:
• The HOPE Community Clinic at the New Orleans Family Justice Center.
• University Medical Center New Orleans (Canal Street).
• Tulane-Lakeside Hospital in Metairie.
Unfortunately, not all hospitals or medical facilities have trained providers and appropriate resources to conduct a comprehensive SAFE. If you’re outside the New Orleans metro area, contact the Louisiana Foundation Against Sexual Assault (LAFASA) to find the nearest facility or traveling SANE nurse.
Before and After a SAFE
It’s crucial for sexual assault survivors to resist the urge to cleanse themselves after the occurrence until after a qualified examiner examines them. In addition to not bathing or showering, they should try to avoid using the toilet or cleaning themselves in any other way. This also means not changing clothes or brushing their hair.
It’s advisable to bring a change of clothes to the exam, because the police may want to retain items of their clothing as evidence.
After the exam, the patient may be offered further appointments to check for STDs or for pregnancy. In many cases, patients are offered Plan B contraceptives and antibiotics to fight infection and prevent pregnancy. The provider may provide a referral for further care or information on rape crisis and support organizations in Louisiana.
Using SAFE Information to Further Public Safety
Unfortunately, the evidence collected in many SAFEs is never processed or entered into criminal databases. Many untested kits are in police evidence storage facilities, hospitals, or rape crisis centers. Others languish in crime labs with limited resources and an overwhelming number of higher-priority cases.
Forty-nine states and the District of Columbia have enacted laws or policies to reduce the backlog of untested sexual assault kits. Many, including Louisiana, have implemented a tracking system to help ensure they are processed promptly. This increases the chances of obtaining justice against perpetrators, even if there wasn’t enough evidence to prosecute initially.
In 2023, Louisiana passed a law requiring the Louisiana State Police (LSP) to establish a statewide system for tracking sexual assault kits. All law enforcement, crime labs, prosecutors, and SANE personnel must now participate in the Sexual Assault Kit (SAK) Tracking System. This statewide, web-based program allows sexual assault survivors to anonymously track the location and status of their SAK as it goes through forensic testing and returns to law enforcement.
As part of this initiative, the LSP received $1.5 million in funding for fiscal year 2024. They used this funding to research, review, and collect DNA samples from qualifying arrestees and convicted individuals from whom a sample has not been previously collected. The LSP then entered these samples into the Combined DNA Index System (CODIS), a federal DNA database of convicted offenders, arrestees, and missing persons.
Pursuing Justice and Compensation for Sexual Assault
Rape is an abhorrent crime, and the process of examination and questioning can feel like another violation of a survivor’s dignity and bodily autonomy. However, the process of collecting evidence can play a crucial part in identifying an attacker and bringing them to justice. A SAFE can also connect survivors with medical treatment and invaluable resources to support their recovery.
If you have been affected by rape or sexual assault, contact Lamothe Law Firm to arrange an appointment to discuss your case in an empathic and understanding manner. We can help you hold your abusers accountable and obtain the compensation you deserve.
