Standards Development

Scope

This standard lists the Items (evidence materials) likely to be found in sexual assault cases from the
scene (victims, accused and place of assault).
The standard is intended for use by the Forensic Medical Examiners while collecting Evidence
Materials from the victims and accused during Forensic Medical Examination and the Police/Forensic
Service Providers while processing the place of sexual assault, however, this standard shall also be
useful for the Prosecutors and Judiciary as well, while dealing with the prosecution and adjudication of
the cases.

Purpose

Forensic science has become a global practice wherein forensic analysis of the evidence materials is
carried out using globally standardised protocols for contributing in the administration of justice.
However, Forensic Medical Examiners invariably follow the institutionalised protocols,
recommendations and standards for collecting evidence materials while dealing with the examination of victims and accused of sexual assault cases.
Forensic specimen, if collected using standardised protocols can determine where an offence has been committed and whether there is linkage between individuals and locations. Hence, collection of
evidences meticulously following standardised protocols based on latest technologies and researches
plays a vital role in justice delivery system. Collection of specimens from individuals alleging sexual
violence may provide investigators and courts with information to support or negate allegations.
A perusal of the protocols, procedures, recommendations and standards currently in vogue in different
countries for collection and preservation of evidence materials from the victims and accused of sexual
assault during medico legal examination are mostly institutionalised and reveal wide variations,
especially with regard to the timeframes for collection of genital samples for DNA analysis, and types of evidences and methods of their collection and preservation. This is likely to hamper quality of justice
delivered (Please see attached Annex A)
It is pertinent to mention that researches reported on the persistence of spermatozoa in the female
genital tract and on the detectability of seminal genetic markers in genital samples taken during post
coital periods have not been taken in to consideration for inclusion in the protocols/ standards being
used in majority of the institutions. A few relevant excerpts regarding persistence of spermatozoa and of male epithelial cells in routine postcoital cervicovaginal smears using fluorescence in situ hybridization. Application in sexual assault and molestation PMID: 7611178 DOI: 10.1093/ajcp/104.

4. Obtained semen donor Y-STR profiles in extended interval post-coital samples collected 6 to 9 days
after intercourse. The reproductive biology literature indicates that spermatozoa are found in the human
cervix up to 7 to 10 days’ post coitus (EK Hanson and J Ballantyne (February 2014): Y-short tandem
repeat specific DNA enhancement strategy to aid the analysis of late reported (6 days) sexual assault
cases. Volume 54, Issue 4 Medicine, Science, and the Law 54(4) DOI:10.1177/0025802413519761)
5. The timeline of 72 hours really has little to do with standards established by the forensic science
community. The reality is the forensic examination has always focused more on the medical care of the
sexual assault survivor than the forensic evidence “In fact, the 72 hour cut off was established by the
medical community because it is generally considered the window of opportunity for successfully
treating victims of sexual violence for sexually transmitted infections (STI’s) and any pregnancy that
might have resulted from the sexual assault .It has very little to do with the likelihood of recovering
forensic evidence” (Joanne Archambault, SATI Founder and Training Director has published a very
critical review entitled “Time Limits for Conducting a Forensic Examination: Can Biological Evidence be
Recovered 24, 36, 48, 72, 84 or 96 Hours Following a Sexual Assault? https://evawintl.org/wpcontent/uploads/Timelines-for-Exam.pdf)
6. Suspect’s DNA from epithelial cells has been found in the vaginal vault of patients for as long as 3
weeks and on clothing for years (Evaluation and Management of the Sexually Assaulted or Sexually
Abused Patient Evaluation and Management of the Sexually Assaulted or Sexually Abused Patient for
ordering information contact: American College of Emergency Physicians Sales and Service P O Box
619911 Dallas, Texas 75261-9911 Telephone: 800-798-1822, touch 6 www.acep.org)
The information regarding detection of spermatozoa / male genetic markers (DNA, Seminal Enzymatic
Markers and male epithelial cells) in post coital period up to 3 weeks which is easily available in public
domain justify the need for raising time limit for collection of genital samples.
It is worth mentioning that one grieved party had sought the information, under the provision of Right to
Information Act (India) asking that “After intercourse between the male and the female, till how much
time sperm of male will be identifiable or present inside the female vagina. Please provide the 3
certified copies of the record mentioning above in forensic department. It is related to my life and for
justice so please provide me with in 48 hours.”
In such cases, if a medical doctor does not collect the genital swabs from the victims of sexual assault
as per the information available in public domain and restrict the collection of genital samples as per
current protocols in use, may result in rendering injustice to the victim and, the doctor may be sued
detection of male genetic markers in post coital samples are as under:
1.Spermatozoa may remain in the posterior fornix for as long as 17 days, and may survive a menstrual
period (Taylor’s Principles and Practice of Medical Jurisprudence’, 8th ed., vol. 2. Churchill, London)
Smith and Cook, (ed.) 1928.)
2.New technology, such as DNA, may identify the perpetrator in cases in which evidence is present in
the vagina for 3 weeks or more and on clothing for years (Evaluation and Management of the Sexually
Assaulted or Sexually Abused Patient,” American College of Emergency Physicians, Dallas, Texas,
June 1999, www.acep.org.)
3.Male cells were also detectable by FISH in CVS up to 3 weeks after coitus. Identified sperm in 41%
of the positive coital history cases, up to 2 weeks. Application of this technique can provide new and
additional evidence of sexual contact when current tests are inconclusive. (P N Roa 1, K A Collins, K R
Geisinger, L H Parsons, S Schnell, R Hayworth-Hodge, M P Tap, P E Lantz, M J Pettenati Identification also.
In view of the above, in today’s age of globalisation of crime detection methods and techniques, there
is strong need of standardising the practice for collection of evidence materials in sexual assault cases,
which will pave the path of better outcome of the cases. Hence, it is proposed to develop the ISO
Standard on the collection, preservation, packaging and forwarding of evidence material from the body
of sexual assault survivor, accused and the scene. In this endeavour, the relevant contents of the best
practices/standard protocols available on internet/ public domain, published in standard text books and
journals shall be reviewed and evaluated for inclusion in the Standard keeping in view the latest
technological advancements and researches applicable in forensic science.