NHRC issues SOP on forensic evidence collection in sexual assault cases

With a delay in collection and examination of forensic evidence of victims of sexual assault leading to lesser convictions, the National Human Rights Commission (NHRC) has come up with a Standard Operating Procedure (SOP) that seeks to streamline the process, including collecting forensic evidence within 72 hours.

The SOP also insists that enough steps should be taken to keep the identity of survivors confidential and treating victims suffering from life-threatening injuries due to the sexual assault on priority than collecting forensic evidence.

The SOP came after observing the delay in collection, examination and processing of forensic evidence. It noted that even after evidence is collected, there is "much delay" in sending it to laboratories leading to the deterioration of the samples.

"This delay causes destruction of vital scientific evidence and deteriorates the chances of collection of semen/spermatozoa from the body of the victim which adversely affect the investigation as well as successful prosecution subsequently," the NHRC said.

The SOP noted that the extremely poor conviction rate in sexual assault cases is due to several reasons -- one being the poor forensic medical evidence collection, documentation as well as maintenance of chain of custody of evidence.

The SOP has been divided into seven sections of key operating procedures -- victim care, promptness and examination, collection of samples, collection of blood and urine samples, genital and anal evidence, handing over samples to Forensic Sciences Laboratories (FSL) and general.

It said the doctors should explain each step to the victim before performing the examination and ask them to use their "free will" either to accept or decline any of the steps. There is no need for a requisition from police or order from the court for examination of a sexual assault victim and it is the duty of the doctor to provide primary treatment and complete examination and then report to police.

The collection of forensic evidence can take up to a few hours even by a trained professional, depending upon the case as every case requires requisite "due diligence and humane approach" and the examination should be done at the earliest possible.

"The optimal time for forensic DNA evidence collection is up to 72 hours (in no case beyond 96 hours) of assault. However, forensic DNA evidence can still be collected up to seven days due to advancements in DNA technology," the SOP said.

It emphasised that the efficacy of sample collection depends on the history of nature of assault, time elapsed between the assault and the examination, and also on post-assault activities, it said adding date and time of examination and collection of all the samples must be clearly mentioned in the report.

Sexual Assault Evidence Collection (SAEC) Kit, apart from the forensic labs, must also be made available at hospitals and police stations where victim approaches first.

A thorough, detailed and proper history involving symptoms since the assault, details of the assault, number of assailants, specific threats, type of penetration, non-genital acts, recent genital procedures, loss of consciousness, amnesia and all activities (like taking bath, changing clothes and douching) after the assault should be mentioned in the report.

A detailed history of the change of clothing, bathing, washing private parts is essential to be documented. Clothes of the survivor worn at the time of assault should be enquired into and if the victim is wearing the same clothes, these must be collected, preserved and sealed. If the clothes have been changed, the Investigating Officer should ensure to collect the clothes which the victim was wearing at the time of the assault and preserve it.

"The victim should also be asked to stand on a large sheet of white paper and then 'undress'. This will aid in the collection of any foreign material which might have been left from the site of assault or from the accused. This sheet of paper should be folded very carefully and preserved in a bag to be sent to the FSL," the SOP said.