CAN RAPE VICTIMS SELF-SWAB?

Proposed antidotes to the way hospital rape kits are performed

Just a couple of months ago, on May 16, 2020, the U.S. government authorized the use of the first at-home sample collection kit for COVID-19 testing. This allows an individual to self-swab a nasal sample at home using an authorized kit. But if we’re talking about rape kits, there is a formal protocol that must be followed. Why? We’re wondering the same thing.

Other types of “permitted without pretense” self-swabbing include kits for HIV; chlamydia and gonorrhea testing; virological confirmation of influenza-like symptoms; bacterial vaginosis; detection of acute respiratory infections; bacterial candidiasis; high-risk human papillomavirus (HPV); and Group B strep. Countless studies have been conducted that indicate self-swab results are as reliable as the results collected by medical professionals. [1] [2]

In May of 2020, the Missouri House Children and Families Committee Chair Rep. Sheila Solon proclaimed that conducting a rape kit for a sexual assault survivor is “not open-heart surgery.” She said this when discussing her bill requiring all licensed Missouri hospitals offer forensic exams for sexual assault survivors by using trained medical personnel or “by using telehealth to allow a SANE to remotely direct exams.”[3]

This bill is especially important in the midst of a pandemic because sexual assault survivors face the additional monumental challenges and health risks of having to travel to an emergency room for a forensic examination.

Telehealth with sexual assault cases involves advocacy as well as instructions via HIPAA-compliant video to lead the survivor through the evidence collection swabbing process. A typical multi-step process is as follows:

1. The survivor swabs the pertinent evidence from his/her body or other surface.
2. S/he packages the potential DNA evidence.
3. A police officer then obtains the evidence directly from the survivor.

In April of 2020, in response to the crisis, the Monterey County District Attorney’s Office began allowing victims of sexual assault to perform rape kits at home. Deputy District Attorney Lana Nassoura said, “Hospitals deemed sexual assault examination as nonessential services.”[4] In this protocol, the procedure is as follows:

1. A police officer delivers the evidence collection kit to the survivor’s residence. The officer waits outside the residence while the kit is completed — an estimated ten minutes.
2. A HIPAA-compliant Zoom call is then initiated with the survivor, the forensic nurse, an advocate, and a detective.
3. After the initial statement is taken, the forensic nurse remains on the call with the survivor.
4. With the nurse’s guidance, the survivor collects and packages the evidence of the crime, including vaginal swabs, if appropriate in the circumstances.
5. The survivor provides the completed kit to the officer who has waited outside the residence. The officer initiates the chain of custody at that time.

Ms. Nassoura also said, “We are trying to come up with creative ways to make sure we’re not compromising victim safety or our ability to prosecute cases.”

Changing the status quo is a long, arduous process but this is a huge step in a direction that will help address the scourge of sexual assault.

References:
[1] https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3948498/
[2] https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6719764/
[3] https://www.therolladailynews.com/news/20200511/house-committee-passes-bill-to-promote-sexual-assault-survivors-rights
[4] https://www.ksbw.com/article/monterey-county-das-office-allowing-victims-self-administer-rape-kits-at-home/32165425#

Jane Mason is a retired FBI Special Agent. Her expertise is based on more than 28 years specializing in complex investigations and forensic evidence collection. Jane is the Co-Founder of VENM and a thought leader on social justice. VENM’s mission is to empower people with the ability to collet evidence and defend/protect themselves when in dangerous situations.