Evidentiary discrepancies in sexual assault casework within the US

Area of Science:

• Forensic Toxicology
• Criminal Justice
• Public Health

Background:

• Thousands of sexual assault kits (SAKs) remain unsubmitted in the US.
• These kits contain biological specimens vital for toxicological analysis.
• Previous focus was on DNA, neglecting toxicological specimen integrity.

Purpose of the Study:

• To examine the impact of unsubmitted SAKs on toxicological specimens.
• To review policies affecting forensic specimen preservation.
• To identify factors contributing to evidentiary degradation.

Main Methods:

• Review of existing policies and guidelines for forensic specimen handling.
• Analysis of factors influencing the preservation of biological specimens in SAKs.
• Examination of the role of law enforcement officer (LEO) rationale in SAK submission delays.

Main Results:

• Subjective LEO rationale contributes to SAK submission delays.
• Variations in SAK submission policies and storage conditions can degrade toxicological evidence.
• Time-delayed collection and inadequate temperature control negatively impact toxicological results.

Conclusions:

• Modernizing facilities, electronic tracking, and mandated timely evidence transfer are recommended.
• Documenting storage temperatures is essential for accurate toxicological interpretation.
• Addressing these issues is critical to support survivors and ensure justice.