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Thomas M. Petersen was selected as one of the top 50 DUI Lawyers in Nebraska for the 5th year in a row by the National Advocacy for DUI Defense.
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Rape is one of the most serious criminal offenses a person can be charged with, both because of the potential judicial penalties faced if convicted and because of the social stigma the mere accusation brings upon an accused. If you have been accused of rape, or sexual assault, there is a good chance that some of the key evidence the State of Nebraska will introduce against you came from an examination, commonly referred to as a “rape kit,” the alleged victim submitted to shortly after the conduct that forms the basis of the accusation took place. In order to help you understand the case against you, a Nebraska sexual assault lawyer explains what a “rape kit” is and how it is typically used in a rape investigation and subsequent prosecution.
Understanding the Terminology
The term “rape kit” refers to the actual kit itself that is used to perform an examination on an individual when there has been an allegation of rape or sexual assault. Other names and acronyms used to refer to the same kit include: sexual assault kit (SAK), a sexual assault forensic evidence (SAFE) kit, a sexual assault evidence collection kit (SAECK), a sexual offense evidence collection (SOEC.) kit, or a physical evidence recovery kit (PERK).
What Is in a Rape Kit?
All rape kits are not exactly the same; however, they are all used to achieve the same purpose, that being to collect evidence of a sexual assault. Therefore, the average rape kit will typically contain the following items:
- Instructions
- Bags and sheets for evidence collection
- Swabs for collecting fluids from the lips, cheeks, thighs, vagina, anus, and buttocks
- Sterile urine collection containers
- Sterile sample containers
- Blood collection devices
- Comb used to collect hair and fiber from the victim’s body
- Clear glass slides
- Self-sealing envelopes for preserving the victim’s clothes, head hair, pubic hair, and blood samples
- Nail pick for scraping debris from beneath the nails
- White sheets to catch physical evidence stripped from the body
- Documentation forms
- Labels
Why Is a Rape Kit Necessary?
Ideally, a rape kit is used to perform an examination on an alleged victim of sexual assault as soon after the incident as possible and before the alleged victim bathed, or did anything else that might contaminate evidence. The purpose of the examination is to gather physical evidence of the alleged assault. Sexual assault is a crime that frequently leaves behind physical evidence because of the very nature of the crime. Evidence the exam may turn up includes:
- Hair – pubic, facial, or other
- Semen
- Saliva
- Fibers
- Blood
- Skin cells
Each of these different types of evidence can be used by law enforcement to try and find and convict a perpetrator. Hair, bodily fluids, and skin cells can all contain a person’s DNA. Your DNA is unique to you. Therefore, if your DNA is matched to the DNA found on a sexual assault victim it almost always proves that there was some type of physical contact between you and the victim. Fiber evidence can also be used to prove you had contact with the victim if it can be matched to your clothing, the interior of your vehicle, of even carpeting in your home or office.
In short, if a rape kit is performed within a very short period of time after an alleged sexual assault, the evidence obtained during the examination can be very useful to the prosecution. Remember, however, that even if the State is able to prove you had contact with an alleged victim that does not prove that you assaulted the alleged victim. That is precisely why you need the retain the services of an experienced Nebraska sexual assault lawyer to defend you if you have been accused of rape or sexual assault.
Contact Us
If you have been charged with rape, or sexual assault, in the State of Nebraska it is certainly in your best interest to consult with an experienced Nebraska sexual assault lawyer right away. In Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case with an experienced criminal defense attorney.
Tom Petersen
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