New oral cut-off time limits in NSW

Standard collection procedure for the investigation of allegations of penile - oral assault has traditionally been the oral swab. Review of both the literature and NSW forensic laboratory results from oral swabbing has highlighted the sub-optimal nature of this method for the recovery of both sperm and offender DNA. 554 oral swabs, collected in NSW from 2010 to 2015, were analysed. Sperm detection occurred in only 4.2%. In the same period there was analysis of 104 oral rinses (of which 16.4% were positive for sperm) and 71 peri-oral samples (of which 18.3% were positive for sperm). As a result, a decision was made to revise forensic collection guidelines for sample collection in cases of penile - oral assault. Oral swabbing is no longer recommended. Current NSW forensic collection guidelines recommend the collection of both an oral rinse and a peri-oral (lip) swab. Samples are to be taken in the first 12 h after a penile - oral assault in all cases where there is a suspicion of oral assault. Oral collections may be extended to 24 h post penile - oral assault in those cases where there is either a clear recollection of ejaculation into the mouth (or ejaculation elsewhere prior to penile penetration of the mouth) or in those cases where a complainant is clear that there had been penile penetration of the mouth but is unable to recall whether or not ejaculation has taken place.