ASTM E1843-1996(2010) Standard Guide for Sexual Assault Investigation Examination and Evidence Collection《性骚扰调查 检验和证据收集的标准指南》.pdf

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1、Designation: E1843 96 (Reapproved 2010)Standard Guide forSexual Assault Investigation, Examination, and EvidenceCollection1This standard is issued under the fixed designation E1843; the number immediately following the designation indicates the year oforiginal adoption or, in the case of revision, t

2、he year of last revision. A number in parentheses indicates the year of last reapproval. Asuperscript epsilon () indicates an editorial change since the last revision or reapproval.INTRODUCTIONReports of sexual assaults have increased steadily in the United States over the past twenty fiveyears. Alt

3、hough the reporting rate of these assaults has tripled nationally during this period, researchstatistics indicate that sexual assault remains as one of the most under-reported types of crime. Thesestudies also indicate that the ratio of persons committing sexual assault to the general population isf

4、airly constant. The rise, therefore, in the reporting rate of sexual assault reflects improvements madein U.S. society concerning how such reports are investigated and processed in the courts. Theseimprovements have occurred in the areas of the victims movement and victim advocacy initiatives bythe

5、criminal justice system, improved police education and training, the womens movement andgender equality consciousness in society, sexual assault education in the schools and the public sectorgenerally, and the evaluation of clinical forensic nursing. The articulation of these standards carriesforwar

6、d the spirit of these improvements so as to serve the cause of justice in society.Although reports of child sexual abuse have also increased markedly in recent years, these reportsare even more difficult to substantiate than adult reports. Many children are too young to realize thatcertain kinds of

7、physical contact by others are inappropriate, and those that do may not be able toarticulate their feelings, or are dependent upon the abuser for care, or both. When children do reportsexual abuse to a third party, it may be dismissed as fantasy or falsehood. Children may be threatenedor convinced t

8、hat something terrible will happen to them or their families if they report the abuse, orthat they were in some way responsible for it.Traditionally, the successful prosecution of both adult and child sexual assault cases has beendifficult. The victim often is the only witness to the crime. Conseque

9、ntly, the documentation ofphysical injuries and the collection of trace evidence may provide important corroborating evidence.Meticulous attention to detail in the collection and preservation of evidence combined with anempathetic concern for the victim, and a respect for the legal and human rights

10、of the suspect isrequired. Within the community, this process is known to be facilitated by using trained forensicexaminers in the setting of a multidisciplinary team.1. Scope1.1 This guide covers the basic components for the devel-opment of a sexual assault investigation protocol, with specificatte

11、ntion to the examination of assault scenes, victims andsuspects of sexual assault, the recovery of testimonial, physi-cal, and behavioral evidence, and the preservation and custodyof physical evidence.1.2 This guide outlines procedures requiring the experienceof experts in a diversity of fields. A m

12、ultidisciplinary teamapproach to sexual assault investigation is necessary and is thecurrent standard of care. This team should include membersskilled in the following disciplines: law enforcement, criminal-istics, victim advocacy, and clinical, forensic practice.2. Referenced Documents2.1 ASTM Stan

13、dards:2E620 Practice for Reporting Opinions of Scientific or Tech-nical ExpertsE1020 Practice for Reporting Incidents that May Involve1This guide is under the jurisdiction of ASTM Committee E30 on ForensicSciences and is the direct responsibility of Subcommittee E30.01 on Criminalistics.Current edit

14、ion approved March 1, 2010. Published May 2010. Originallyapproved in 1996. Last previous edition approved in 2003 as E1843 96 (2003).DOI: 10.1520/E1843-96R10.2For referenced ASTM standards, visit the ASTM website, www.astm.org, orcontact ASTM Customer Service at serviceastm.org. For Annual Book of

15、ASTMStandards volume information, refer to the standardss Document Summary page onthe ASTM website.1Copyright ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959, United States.Criminal or Civil LitigationE1188 Practice for Collection and Preservation of Informa-

16、tion and Physical Items by a Technical InvestigatorE1459 Guide for Physical Evidence Labeling and RelatedDocumentationE1492 Practice for Receiving, Documenting, Storing, andRetrieving Evidence in a Forensic Science Laboratory3. General Protocol3.1 General InformationInvestigators undertaking sexuala

17、ssault investigations must realize that these assaults representsignificantly underreported serious crimes and that this under-reporting is due, in significant measure, to the lack of under-standing, empathy, and professional competence of investiga-tive personnel tasked with investigative responsib

18、ilities. Themost serious misunderstandings displayed on the part ofinvestigators are common misunderstandings of particularcategories of victims (enumerated below) and a lack ofwillingness to work with professionals in allied disciplines whoalso provide valuable services in this area.3.1.1 Sensitivi

19、ty to victim needs,3.1.2 The elderly victim,3.1.3 The disabled victim,3.1.4 The male victim,3.1.5 The child victim (see Section 4),3.1.6 The homosexual victim, and3.1.7 The deceased victim.3.2 Initial Law Enforcement ResponseSexual assaultsmost often come to the attention of law enforcement personne

20、las initial responders. It is essential for initial responders to havein place mechanisms for the immediate notification of alliedprofessionals that must also respond in a timely manner toeffect the proper investigation of these incidents. The followingtopical areas should be extensively addressed i

21、n written pro-cedures by law enforcement agencies responding to sexualassaults.3.2.1 Victim safety and security,3.2.2 Activate multidisciplinary team,3.2.3 Initial victim interview and transport to examiningfacility,3.2.4 Scene security,3.2.5 Scene search,3.2.6 Evidence identification, recovery, and

22、 security, and3.2.7 Suspect detection, apprehension, and interview.3.3 Treatment PlanEach treatment facility that deals withindividuals involved in sexual assaults as victims or suspects,or both, should promulgate written procedures that detail thefollowing areas of attention:3.3.1 Facility,3.3.2 Tr

23、ansfer,3.3.3 Intake,3.3.4 Reporting,3.3.5 Attending personnel,3.3.6 Medico-legal consent, and3.3.7 Evidentiary and medical examinations.3.4 Documentation and Evidence CollectionWrittenstanding operating procedures concerning evidence collectionand documentation should be published by any organizatio

24、n(law enforcement, health care, laboratory, private contractor, orvolunteer organizations, or both) involved in the investigationof sexual assaults. These procedures should address the fol-lowing areas:3.4.1 General Information:3.4.1.1 Documentation and terminology,3.4.1.2 Preserving the integrity o

25、f evidence,3.4.1.3 Body diagrams/illustrations (genital and non-genitaltrauma), and3.4.1.4 Photography.3.4.2 Spermatozoa/Semen,3.4.3 Clothing,3.4.4 Swabs and Smears,3.4.5 Bitemarks or other patterned injuries,3.4.6 Hair,3.4.7 Fingernails,3.4.8 Blood specimens,3.4.9 Saliva specimens, and3.4.10 Other

26、physical evidence.3.5 Laboratory RequestsLaboratory requests should fol-low a standard format and include pertinent details of theincident and the individuals involved so as to maximizelaboratory capabilities.3.5.1 Medical history,3.5.2 Incident particulars, and3.5.3 Examination procedures and findi

27、ngs.3.6 Transmittal of Evidence (see Guide E1459 and PracticeE1492):3.6.1 Specimen integrity,3.6.2 Transport of evidence, and3.6.3 Chain of custody.3.7 Post-Examination ProceduresIn the sexual assault,post-examination procedures are important due to the emo-tional trauma generally involved in incide

28、nts of this type, forreasons of personal hygiene and continued care, and for thepotential for the development of evidence that may not yet beapparent to investigators. The following areas concerning postexamination procedures are important as a part of examiningand investigating agency protocol:3.7.

29、1 Patient information;3.7.2 Follow-up contacts;3.7.3 Informational brochures;3.7.4 Clean-up, change of clothing, and transportation;3.7.5 Law enforcement investigative interview;3.7.6 Case evaluation; and3.7.7 Follow-up medical examination.4. Child Protocol4.1 General InformationSo many special cons

30、iderationsexist when the investigation of a child sexual assault isundertaken that special considerations and protocols are re-quired. The general categorical rules concerning adult sexualassault investigations, as enumerated in Section 3 is alsoapplicable to the child sexual assault investigation,

31、exceptwhere superceded below. Also, agencies undertaking childsexual assault investigation should develop protocols address-ing the issues enumerated below:4.1.1 Major categories of child sexual assault and abuse,and4.1.2 Communication.E1843 96 (2010)24.2 Initial Law Enforcement Response:4.2.1 Gener

32、al procedures,4.2.2 Special considerations in cases involving child vic-tims, and4.2.3 Interagency coordination.4.3 Treatment Plan:4.3.1 Facility;4.3.2 Intake or transfer, or both;4.3.3 Reporting;4.3.4 Attending personnel;4.3.5 Consent; and4.3.6 Child interviews.4.4 Documentation and Evidence Collec

33、tion:4.4.1 General information.4.4.2 Physical examination:4.4.2.1 Anal, perianal, and perineal areas, and4.4.2.2 Genitalia.4.4.3 Evidence collection (differences between adult andchild).4.5 Post-Examination Procedures:4.5.1 Patient information, and4.5.2 Law enforcement investigative interview.5. Sex

34、ually Transmitted Diseases (STD)5.1 General InformationOrganizations undertakingsexual assault investigations must be cognizant of varioussexually transmitted diseases and be prepared to identify, treator refer for treatment infected persons, or both, as well asprotect others from disease transmissi

35、on. Protocols should bedeveloped for the recognition, treatment, and prevention of thetransmission of the following sexually transmitted diseases:5.1.1 Human Immunodeficiency Virus (HIV),5.1.2 Chlamydia,5.1.3 Gonococcal infections,5.1.4 Syphilis,5.1.5 Genital herpes simplex virus infection (HSV),5.1

36、.6 Trichomonas vaginalis,5.1.7 Genital and anal warts (condyloma acuminatum),5.1.8 Vaginosis, and5.1.9 Hepatitus.6. Keywords6.1 criminal investigation; criminalistics; forensic sciences;sexual assaultAPPENDIXES(Nonmandatory Information)X1. EVIDENCE COLLECTION KIT SPECIFICATIONSX1.1 Container Specifi

37、cationsX1.1.1 Size, andX1.1.2 Construction.X1.2 Kit ComponentsX1.2.1 Paper envelopes:X1.2.1.1 Miscellaneous envelopes,X1.2.1.2 Hair combings,X1.2.1.3 Known hair,X1.2.1.4 Body fluid stain recovery, andX1.2.1.5 Known body fluid.X1.2.2 Blood tubes,X1.2.3 Combs,X1.2.4 Prepackaged swabs,X1.2.5 Frosted-en

38、d slides,X1.2.6 Evidence sealing tape,X1.2.7 Large and small paper bags,X1.2.8 Large white paper or sheet,X1.2.9 Nail evidence retrieval devices, andX1.2.10 Saliva retrieval devices.X1.3 Kit Printed MaterialsX1.3.1 Outside cover label,X1.3.2 Inside cover inventory label,X1.3.3 Instructions to examin

39、ing team,X1.3.4 Physical examiners report,X1.3.5 Examinee interview report,X1.3.6 Authorization for release of information form,X1.3.7 Chain of custody form, andX1.3.8 Forensic Science Laboratory Request/Report.X2. ADDITIONAL EXAMINATION MATERIALSX2.1 InstrumentsX2.1.1 SpeculumE1843 96 (2010)3ASTM I

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43、Standards, at the address shown below.This standard is copyrighted by ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959,United States. Individual reprints (single or multiple copies) of this standard may be obtained by contacting ASTM at the aboveaddress or at 610-832-9585 (phone), 610-832-9555 (fax), or serviceastm.org (e-mail); or through the ASTM website(www.astm.org). Permission rights to photocopy the standard may also be secured from the ASTM website (www.astm.org/COPYRIGHT/).E1843 96 (2010)4