Sexual assault is one of the most under reported crimes. Both men and women can become victims of sexual assault, although all related statistics are associated with women. Sexual assault is a broad classification for all unaccepted sexual advances or exhibition of sexual desires.
It differs from rape, which is the gratification of sexual desire by force. It is estimated that only one in 69 rape cases in India are even reported and only 20 % of those reported result in convictions for the rape accused.
The main reason for victims to shy away from reporting these cases is perhaps to avoid the embarrassment of being talked about it in the neighborhood, the media or at least being asked to narrate the happenings before a jury.
Although sexual assault is an under-reported crime it is however possible for anyone to falsely raise charges of sexual assault, even without any evidence. A charge of sexual assault on someone can be very damaging and can even devastate one’s life. Thus sexual assault investigations are very crucial, particularly when the suspect denies charges; and physical evidences are very important in the investigations.
It has been overwhelmingly observed that most sexual assaults and rapes are committed by people well known to the victim. In most cases, the perpetrator would proclaim that the act wasn’t a rape, but only a consensual sex. To prove a sexual act as a case of rape and not a consensual decision, the victim needs to show proof of physical injuries. As most rape victims actually don’t receive major physical injuries, the investigators and prosecutors face a difficult task, as absence of injuries is generally perceived as consenting. Forensic examination may highlight physical injuries that are relevant to forced rape, which may then be used as evidence.
At the initial stage of the rape investigation, the investigator would look for any physical material of the attacker present with the victim. Generally a rape victim would tear the clothes of her attacker, scratch and scar his face or even pull his hair. Thus there is always a chance of the assailant’s hair, clothes or blood stains on the victim, particularly on her hands and under the nails. It is important to have the clothing of the victim sent for analysis, at the earliest possible. Semen and hair are very valuable physical evidences.
Victims of a sexual assault need to be brought to a medical facility within 72 hours of incident for medical examination. In case the victim is brought after 72 hours, it would help if the victim has not changed clothes or had a wash. It has been established that the best evidence of assault could be gathered when the victim reports within 12 hours of the incident. The evidence collection procedure in rape investigation has evolved over the years as a consequence of interactions with investigators, crime lab specialists and attorneys.
A medical examination is part of the rape investigation and should be carried out by a specialist in forensic medicine. The victim would mostly insist on a personal physician performing the exam, which should be strongly discouraged; as personal and private physicians would not have rape investigation experience, or be able to testify in a court to get a conviction.
The medical examination would include visual examination and determination of vaginal tissue damage. The presence or absence of a rapists’ sperm is concluded by carrying out a pap smear test. When rape had resulted in the death of the victim, the examination would also include anus, mouth etc. Newer technology enhances detection of physical injuries, like the use of colposcope.
The colposcope is generally used by gynecologists for observation of vulvar diseases. The colposcope provides a 30 time magnification of specific body areas and injuries. Injuries like abrasions and tears that are not visible to the naked eye are observed with the colposcope. Earlier rape examinations without colposcope could only establish evidence of genital injuries in about 19 to 28% of cases. But with the colposcope about 87% of genital trauma can be established.
The forensic examiner also collects blood and saliva samples of the victim to differentiate it from that of the perpetrator. Sometimes an extra blood sample of victim may be required for alcohol or drug analysis. This is required when perpetrators claim victims to have agreed under the influence of alcohol or had agreed to have sex in exchange of drugs. When sperm or seminal fluid of the offender is not seen in the victim, then too rape is not ruled out as a good percentage of rapists are sexually dysfunctional or use condoms.
Nowadays seminal fluid evidence is more used in determining DNA evidence linking to the suspect. Seminal fluid can also be investigated for prostatic specific acid phosphatase, which are highly concentrated in seminal fluids compared to vaginal fluids. For drug aided sexual assault, blood and urine samples are crucial evidences. Victims who suspect the use of drugs, should not empty their bladders. Substances like GHB (gamma hydroxybutrate) which can easily make a victim unconscious, is eliminated from the blood within six hours but would be detectable in urine after that.
Gone are the days when rape and sexual assaults were decided solely based on questioning of suspects, victims and witnesses. As in all other crime investigations, forensics play a major role in rape investigation. However forensics can establish rape cases and render justice only when rape charges are raised. The power and benefits of rape investigation can only be realized when victims don’t shy away from pointing at their perpetrators.
