What Is a “Rape Kit?”
When a survivor of sexual abuse or assault reports what happened, he or she will be asked to undergo a forensic exam by a medical professional. This exam is commonly referred to as a “rape kit.”
According to the Tennessee Bureau of Investigation, a rape kit or sexual assault kit is an important piece of evidence in a sexual assault case. These kits consist of various items that are used to collect evidence from a sexual assault victim. Medical professionals, physicians, and forensic examiners are usually in charge of providing sexual assault kits or rape kits. These kits have the ability to obtain specific specimens that can be used to show that an individual was raped or sexually assaulted and who committed the sexual acts against them.
How does a rape kit work?
When you visit a center, typically a hospital, for a rape kit, the procedure can be different from person to person. However, some of the steps are similar for each individual, such as:
- Your injuries will be looked at and assessed.
- The medical professional, forensic examiner, or physician reviews your medical history.
- You will give a swab or sample while the medical professional checks your body.
- You may also be able to give a chemical test if you think that you were given drugs.
It is important to know that your visit may take a few hours from start to finish. Some people prefer to go alone, while others wish to bring a friend, family member, or loved one for emotional support.
Is a rape kit accurate?
Generally, yes. While there are cases where DNA neither exonerates nor proves guilt, it is highly unlikely that the results from your forensic exam will be deemed inaccurate. This means that you can use the results of the tests and samples in your civil case. However, if you suspect that your kit has been tampered with, you should tell your Nashville sexual assault attorney right away.
Why is a rape kit important for a civil case?
A rape kit is very important when it comes to civil sexual assault cases. The reason for this is because you need to prove with a preponderance of evidence that you were sexually assaulted, and a rape kit may be able to back up and support your testimony. Rape kits are not only used to prove that you were sexually assaulted, but they can also be used to show that your perpetrator is giving false information. For example, if your perpetrator denies that they sexually assaulted you in any way, the DNA evidence from the rape kit can throw out their false claims and prove that they are lying.
Tips to prepare for submitting a forensic exam after an assault
Remember that DNA typically wears off within 72 hours, meaning that the sooner you submit the DNA, the better your chances of using it as evidence will be.
- Do not take a shower.
- Do not use the restroom.
- Do not clean any of your injured areas or other parts of your body that show signs of the attack. This means that you should not put anything on your injuries either (ointments, medications, lotion, etc.)
- Do not change your clothes.
- Do not clean, brush, or dust your clothes off.
Many people are hesitant or refrain from submitting a rape kit because they do not want to add more trauma to their lives or relive the tragic event over again in their minds. We 100% understand these feelings. It is a very brave decision to proceed with a forensic exam, and you don’t have to go alone if you don’t want to. While the exam itself is private, having someone with you for support can help. .
How can a Nashville sexual assault lawyer help with my case?
At Rocky McElhaney Law Firm, we stand up and fight for our clients who have been sexually assaulted. We believe that no person or individual has the right to put their hands on you or touch you in any way without your consent. Therefore, our sexual assault attorneys will do everything we can to hold your perpetrator accountable for the losses and trauma you have experienced from their actions. Here are a few ways our team will help you with your sexual assault case:
- We will listen to your side of the story and remain understanding and empathetic.
- We will investigate what happened and who is responsible for the attack that happened to you.
- We will help you collect evidence to use against the perpetrator. This may include a rape kit, medical records, photographs, videos, recordings, witness statements, and more.
- We will work with a variety of different professionals to determine how much compensation you should receive.
- We will communicate and negotiate with the perpetrator’s legal team and insurance companies.
- We will prepare to go to a court trial hearing if necessary.
Sexual assault cases can be overwhelming and frightening. You may want to be left alone and deal with the situation on your own. However, if you decide that you would like to make the person who harmed you pay for their terrible behavior, please get in touch with Rocky McElhaney Law Firm at your earliest convenience. Our Nashville sexual assault lawyers will not only provide a listening ear during this time, but we will also provide a helping hand to ensure that you know and understand everything going on with your case and that your questions and concerns are always addressed. Call our office or fill out our contact form today to schedule your free, no-obligation consultation at our offices in Nashville, Hendersonville, or Clarksville.
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