Evidence Collection

Sexual Assault Forensic Exam (SAFE)

(also known as “rape kits”)

A sexual assault forensic exam (SAFE) could be used to collect DNA evidence if the assault occurred within 120 hours. Specialized sexual assault nurse examiners collect samples from a victim/survivor that may contain DNA evidence to help a potential prosecution.

A victim/survivor has the right to have a support person with them and can say no to any part of the exam.

If a person decides they want a SAFE, the sexual assault counselor/advocate can provide more detailed information and help coordinate response with police and the SAFE nurse.

There are two types of exams: a VAWA Exam and Evidentiary Exam

 

VAWA Exam

Does not require police report. Available through your campus sexual assault counselor/ advocate as well as your local sexual assault/ rape crisis center.

Who are exams for? 

  • These exams may be appropriate for those that are not ready to speak to and involve law enforcement
  • Evidence from VAWA exams in California must be preserved for two years in the event that a victim/survivor does want to engage with law enforcement

Level of Police Involvement:

  • Police officers will not take a report and should not engage with the victim/survivor
  • However, the police department will collect the evidence kit and store it until (and if) the victim/survivor decides to file a police report/criminal charge

 

Evidentiary Exam

Requires police report. A police officer will schedule the exam.

Who are exams for? 

  • These exams are appropriate for those that would like immediate law enforcement involvement
  • Evidentiary exams are intended to collect forensic evidence for use in criminal prosecution
  • An evidentiary exam is an option available by filing a report with law enforcement

Level of Police Involvement:

Police officers may:

  • Take a police report by interviewing the victim/survivor and possibly any friends/witnesses
  • Coordinate and schedule the SAFE
  • Provide transportation to the SAFE location
  • Contact a sexual assault counselor/advocate to provide emotional support during the process

 

Note about at-home rape kits: Although well-intentioned, evidence from at home “rape kits” may not be admissible for evidence.

Preserving clothing with potential DNA evidence:
Necessary evidence could be present in the clothes someone wore during the assault — this evidence can be preserved by being stored in paper bags (mold grows in plastic bags.) If the person decides to file a police report or obtain a sexual assault forensic exam (SAFE), the clothes can be provided to them for evidence collection.

More information about sexual assault forensic exams:
https://www.rainn.org/articles/rape-kit

 

Other Evidence

A sexual assault forensic exam is one way to preserve evidence, but it’s not the only way. Here is a list of other evidence that can be preserved:

  • Video – from door cameras, surveillance cameras, social media posts, etc.
  • Names of people that may have information such as:
    • Eyewitnesses – people who saw behavior or level of intoxication before the assault or witnessed the assault
    • Outcry witnesses – people you told about what happened
  • Any messages or communication with the perpetrator, including voicemails, texts, email and social media messaging (taking screenshots can be helpful)
  • Information/documentation about or photos of injuries
  • Receipts – showing where you were or what you were doing