Mahoney

  • Our Team
    • Column Team
      • Team
      • Kevin J. Mahoney
      • Joan M. LeGraw
      • Georgia Pasqualone
      • Roisin
  • Practice Areas
    • Column One
      • Drug Offenses
      • Crimes of Violence
      • Sex Crimes
      • Motor Vehicle Offenses
      • Theft Crimes
      • Illegal Possession of Firearms
      • Obstructing Justice Offenses
      • White Collar Crimes
      • Federal Defense
      • Probation Violations
      • Restraining Orders
      • Professional Misconduct
      • Custody of Domestic Pets, Dogs & Cats Litigation
    • Column Two
      • Cyber Crimes
      • Hate Crimes
      • Appeals
      • Clerk Magistrate Hearings
      • Immigration
      • Civil Litigation
      • Civil Suits Against Law Enforcement
      • Personal Injury
      • College Crimes
      • Title IX Investigations
      • Juvenile Law
      • Estate Planning & Asset Protection
      • Last Will and Testament
      • Representation Before DCF
      • Dangerous or Nuisance Dog Defense
  • What Should I Do?
    • Cloumn One
      • Selecting a Winning Lawyer
      • Recommended Lawyers
      • Succeeding With Your Lawyer
      • Right to a Telephone Call
      • Miranda Rights
      • Should I Speak with Police?
      • Coping With Stress of Court
      • Bill of Rights
      • Mass Declaration of Rights
      • Street Encounters or Terry Stops
      • Cooperating With DEA or Police
    • Column Two
      • Common Defenses
      • Right to Self-Defense
      • Reasonable Doubt
      • What to Wear to Court
      • How to Behave in Court
      • Overview of the Justice System
      • Massachusetts Criminal Defense Lawyer
      • Cambridge Drug Trafficking Lawyer: Knock and Talk
      • Motor Vehicle Searches
  • Forensics
    • Column One
      • Forensic Experts
      • Preserving the Crime Scene
      • Collecting Evidence
      • Trace Evidence
      • Fingerprint Evidence
      • Autopsy
      • Gunshot Wounds
      • Stab Wounds
      • Drowning
      • Child Homicide
      • Rape Kit
    • Column Two
      • DNA Evidence
      • Forensic Dentistry
      • Forensic Botany
      • Toxicology
  • Mahoney in the Media
    • In the News
    • TV Appearances
  • Testimonials
  • Blog
  • Contact

Rape Kit

evidence-1

To competently represent an individual accused of rape or sexual assault, a criminal defense lawyer must be well aware of how to challenge the results of a sexual assault examination or to use the examination to challenge the alleged victim’s allegations. A “rape kit” is also known as a Sexual Assault Evidence Collection kit. Although it is a “kit” containing evidence collection tools, including swabs, combs, envelopes and bags, administering a rape kit is a highly methodical procedure for documenting sexual assault allegations.

When a person claims to have been sexually assaulted arrives at a hospital, the hospital staff, usually an emergency room nurse, conducts a preliminary physical examination of the patient to determine if she requires immediate medical care, completes the necessary intake forms, and notifies the SANE (sexual assault nurse examiner) that she is required at the hospital. To become a SANE in Massachusetts, a registered nurse must complete a 40-hour training course, assist a SANE with ten sexual assault examinations, complete ten supervised sexual assault examinations, and pass a written examination.

While the regular hospital staff treats the alleged victim as a patient of the hospital, the responsibilities of the SANE are quite different. She should not perceive the alleged victim as her “patient,” but as a possible crime scene. A SANE is obligated to follow strict protocols as she collects possible evidence, documents any injuries, and carefully memorialize the alleged victim’s allegations. Though some SANEs disagree, they are, as the professionals authorized to administer a rape kit, charged with performing their tasks objectively, not as a “victim” advocates.

How a SANE Performs the Examination

As she begins her investigation, the SANE obtains an initial statement from the alleged patient, allowing her to focus her physical examination and documentation efforts. The alleged victim may submit to the entire examination or limit the scope of the examination. With the permission of the alleged victim, the SANE works her way through the following protocols:

  • Physically and thoroughly examines the alleged victim;
  • Documents injuries on diagrams and included forms;
  • Asks the alleged victim a series of questions on forms and documents the answers, including whether she has vomited, defecated, smoked cigarettes, and washed;
  • Uses swabs to collect possible sperm, semen, saliva, sweat, and blood samples for possible DNA analysis;
  • Uses combs to collect any other evidence possibly left behind by the alleged assailant, including pubic hairs;
  • Stores the swabs, the victim’s clothing, and other available evidence in collection bags;
  • Photographs any injuries or signs of trauma;
  • Obtains a blood sample from the alleged victim for possible toxicological testing;
  • Provides the completed rape kit to the police;
  • Informs the hospital staff of any medical attention the alleged victim requires;
  • Proscribes antibiotics and the day-after pill;
  • Arranges for any necessary psychiatric care; and,
  • Provides the alleged victim with instructions for after care and contact information for law enforcement services.

Once the SANE has completed the rape kit, the police retrieve the collected evidence and transport to the State Police Crime Laboratory for possible follow-up investigation of the allegations, including testing of the samples. Though an alleged victim may submit to a sexual assault examination, she is not obligated to cooperate with law enforcement’s efforts to prosecute the alleged perpetrator. In those instances where the alleged victim has declined to report the allegations to the police, the evidence collection kit is assigned a tracking number. The SANE provides the alleged victim with the tracking number so that, in the event that she later decides to report the alleged assault to the police, the rape kit can be properly identified. The Crime Laboratory will usually maintain the rape kit for a period of at least six months.

Though an individual accused of sexual assault may be unnerved that the alleged victim submitted to a sexual assault examination, a properly administered rape kit may assist the defense, especially if the SANE observes no evidence of trauma and collects no evidence consistent with the alleged victim’s accusations. Attorney Kevin J. Mahoney has repeatedly persuaded juries to acquit clients charged with sex crimes where the alleged victim submitted to a rape kit.

Contact a Massachusetts Criminal Lawyer

Kevin J. Mahoney is a Cambridge, MA Defense Lawyer. Call us at 617-492-0055 to schedule an in-office consultation with Attorney Mahoney.

Testimonials

  • NS, a DUI client,about 1 month ago

    Attorney Mahoney,

    I just wanted to say thank you for such a wonderful and excellent job you did for me. You were quite impressive up there and you really did your homework catching her in a few lies from previous testimony. You are the best! Even though I never want to be in this situation again, if I know anyone I will give them your name.

    Thank Amy for me too! She is a great asset to have in your office! Very pleasant and understanding.

    Again thank you and go Celtics!
     

    text

  • about 1 month ago

    Kevin Mahoney recently represented me in a case for destruction of property and disorderly conduct. He was extremely thorough and persistent, and despite a great deal of evidence against me, he managed to get the felony charge dropped without having to go to trial.

    I had never been in legal trouble before and had no idea how to proceed, and without his counsel, I am sure that I would have gotten convicted.

    He listened to my specific needs and always acted in my best interest. His knowledge, attention to detail, and general courtroom presence continued to amaze me throughout the entire process.
     

    text

  • M.K.about 1 month ago

    Dear Attorney Mahoney:

    I wish to express my sincere appreciation for your efforts on my behalf. Your defense was truly outstanding. The court room skills that you demonstrated and legal knowledge were truly incomparable. I’m wishing you the very best in your future endeavors.

    In addition, I ‘m looking forward to viewing the Jello Trial on Court T.V. Let me thank you once again.

     

    text

  • about 1 month ago

    Attorney Mahoney,

    Is very knowledgeable and very professional. He has just represented me in a case lasting a year and a half, and he made sure I got a fair trial with a fair jury. He kept me well informed about what would be happening in the court room and always had a well thought out defense for any route of attack the D.A. would be planning on.

    My trial took 2 and a half days and after the jury deliberated for approximately 23 minutes they came back with a “Not guilty” verdict. I would recommend Attorney Mahoney to anyone I know, but I sure hope I dont need him again. : ) .
     

    text

Call 617.492.0055

Available to Respond to Emergencies
24 Hours a Day

Directions

Kevin J. Mahoney’s New Book Coming Soon

The Title IX Sexual Harassment Handbook

"Attorney Mahoney is currently authoring an authoritative and strategy driven compendium on investigating and defending Title IX sexual assault cases for lawyers, students, and universities. The book will be available through James Publishing within months."

  • Our Team
  • Practice Areas
  • What Should I Do?
  • Forensics
  • Mahoney in the Media
  • Testimonials
  • Blog
  • Contact
© 2023 Mahoney Criminal Defense Group.
All Rights reserved. Privacy Policy | Disclaimer
footer-logo

For a Free in-office Consultation Call 617-492-0055

  • Our Team
  • Practice Areas
  • What Should I Do?
  • Forensics
  • Mahoney in the Media
  • Testimonials
  • Blog
  • Contact
  • Practice Areas
  • Areas we serve
  • Mahoney In the Media