Evidentiary discrepancies in sexual assault casework within the US

In recent years, a significant number of investigations have discovered up to 200 000 unsubmitted sexual assault kits (SAKs) in the US. While the public outcry was largely directed towards DNA analysis, the SAKs also contained biological specimens specifically designated for toxicological analysis....

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Autor principal:	Chinyere M. Williams
Formato:	article
Lenguaje:	EN
Publicado:	Taylor & Francis Group 2021
Materias:	forensic sciences forensic toxicology drug-facilitated sexual assault dfsa chemical submission sane sart Criminal law and procedure K5000-5582 Public aspects of medicine RA1-1270
Acceso en línea:	https://doaj.org/article/cde6b03b433341beb3ee65ee38408651
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spelling	oai:doaj.org-article:cde6b03b433341beb3ee65ee384086512021-12-01T14:40:59ZEvidentiary discrepancies in sexual assault casework within the US2096-17902471-141110.1080/20961790.2021.1960465https://doaj.org/article/cde6b03b433341beb3ee65ee384086512021-07-01T00:00:00Zhttp://dx.doi.org/10.1080/20961790.2021.1960465https://doaj.org/toc/2096-1790https://doaj.org/toc/2471-1411In recent years, a significant number of investigations have discovered up to 200 000 unsubmitted sexual assault kits (SAKs) in the US. While the public outcry was largely directed towards DNA analysis, the SAKs also contained biological specimens specifically designated for toxicological analysis. Due to the sensitivity of analytes in potential drug facilitated sexual assaults, the preservation and maintenance of the specimens is crucial in providing accurate toxicological measurements. The investigations into the unsubmitted SAKs have identified subjective law enforcement officer (LEO) rationale for the unsubmitted kits, however the impact on toxicological specimens has not been examined. This brief review of policies and guidelines with respect to forensic specimens has identified potential sources of evidentiary degradation, despite the use of chemical preservatives. With respect to temperature-controlled environments, the variation in SAK submission policies established throughout the US are potentially detrimental to the preservation of toxicological evidence. Degradation as a result of time-delayed collection and poorly maintained storage temperatures plays a crucial role for/in the interpretation of qualitative and quantitative toxicological results. This review finds these delays can be addressed through modernisation of facilities; electronic tracking of unsubmitted SAKs; mandated transfer of biological evidence within 72 h; and documentation of temperature within the chain of custody or other records. Without identifying the range of temperatures in which the evidence was exposed, forensic toxicologists may unintentionally provide erroneous interpretations of toxicological analyses – potentially casting doubt on the survivor’s recall of events and negatively impacting future sexual assault investigations.Chinyere M. WilliamsTaylor & Francis Grouparticleforensic sciencesforensic toxicologydrug-facilitatedsexual assaultdfsachemical submissionsanesartCriminal law and procedureK5000-5582Public aspects of medicineRA1-1270ENForensic Sciences Research, Vol 6, Iss 3, Pp 189-194 (2021)
institution	DOAJ
collection	DOAJ
language	EN
topic	forensic sciences forensic toxicology drug-facilitated sexual assault dfsa chemical submission sane sart Criminal law and procedure K5000-5582 Public aspects of medicine RA1-1270
spellingShingle	forensic sciences forensic toxicology drug-facilitated sexual assault dfsa chemical submission sane sart Criminal law and procedure K5000-5582 Public aspects of medicine RA1-1270 Chinyere M. Williams Evidentiary discrepancies in sexual assault casework within the US
description	In recent years, a significant number of investigations have discovered up to 200 000 unsubmitted sexual assault kits (SAKs) in the US. While the public outcry was largely directed towards DNA analysis, the SAKs also contained biological specimens specifically designated for toxicological analysis. Due to the sensitivity of analytes in potential drug facilitated sexual assaults, the preservation and maintenance of the specimens is crucial in providing accurate toxicological measurements. The investigations into the unsubmitted SAKs have identified subjective law enforcement officer (LEO) rationale for the unsubmitted kits, however the impact on toxicological specimens has not been examined. This brief review of policies and guidelines with respect to forensic specimens has identified potential sources of evidentiary degradation, despite the use of chemical preservatives. With respect to temperature-controlled environments, the variation in SAK submission policies established throughout the US are potentially detrimental to the preservation of toxicological evidence. Degradation as a result of time-delayed collection and poorly maintained storage temperatures plays a crucial role for/in the interpretation of qualitative and quantitative toxicological results. This review finds these delays can be addressed through modernisation of facilities; electronic tracking of unsubmitted SAKs; mandated transfer of biological evidence within 72 h; and documentation of temperature within the chain of custody or other records. Without identifying the range of temperatures in which the evidence was exposed, forensic toxicologists may unintentionally provide erroneous interpretations of toxicological analyses – potentially casting doubt on the survivor’s recall of events and negatively impacting future sexual assault investigations.
format	article
author	Chinyere M. Williams
author_facet	Chinyere M. Williams
author_sort	Chinyere M. Williams
title	Evidentiary discrepancies in sexual assault casework within the US
title_short	Evidentiary discrepancies in sexual assault casework within the US
title_full	Evidentiary discrepancies in sexual assault casework within the US
title_fullStr	Evidentiary discrepancies in sexual assault casework within the US
title_full_unstemmed	Evidentiary discrepancies in sexual assault casework within the US
title_sort	evidentiary discrepancies in sexual assault casework within the us
publisher	Taylor & Francis Group
publishDate	2021
url	https://doaj.org/article/cde6b03b433341beb3ee65ee38408651
work_keys_str_mv	AT chinyeremwilliams evidentiarydiscrepanciesinsexualassaultcaseworkwithintheus
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Evidentiary discrepancies in sexual assault casework within the US

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