Challenges in Rape/Sexual Assault Suspect Forensic
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1 NEW YORK CITY HEALTH & HOSPITALS CORPORATION Challenges in Rape/Sexual Assault Suspect Forensic Evidence Collection Consuelo U. Dungca, EdD, RN Senior Assistant Vice President Alfreda Weaver, MSN, RN Assistant Director November 9, 2009 American Public Health Association (APHA) Philadelphia, PA 1
2 LEARNING OBJECTIVES Discuss solution to barriers in implementing the suspect rape/sexual assault forensic evidence collection. Identify components of suspect forensic evidence collection for the investigation and prosecution of rape/sexual assault incidents. 2
3 WHO WE ARE Largest public health care system in the country 11 acute care (Joint Commission accredited) i d) 4 long term care (Joint Commission accredited) 6 Diagnostic and Treatment Centers A Certified Home Care Agency A Managed Care Organization with 310, enrollees Affiliation w/major NYC medical schools 3
4 POPULATION SERVED 1.3 million New Yorkers; 480,000 uninsured 1,391,445 Emergency Department (ED) visits in Rape Sexual Assault cases seen in ED (2008) Disadvantaged, uninsured and lower socioeconomic Large Immigrant population Widely diverse, cultural and ethnic populations with language barriers 4
5 OVERVIEW Sexual Assault is a significant social and medical problem affecting thousands of individuals in New York City. Health and Hospitals Corporation provides victims of rape/sexual assault medical and/or psychological treatment through the Sexual Assault Forensic Examiners (SAFE) and the Sexual Assault Response Team (SART). All 11 HHC hospitals are certified by the New York State Department of Health as designated Sexual Assault Forensic Examiner (SAFE) Centers of Excellence. 5
6 SUSPECT FORENSIC EVIDENCE COLLECTIONPROGRAM The Suspect Forensic Evidence Collection Program is a collaboration among the NYC Office of Criminal Justice; NYC Police Department; District Attorneys Offices; and Health and Hospitals Corporation. Utilization of the Sexual Assault Forensic Examiners (SAFE) to collect evidence from the rape/sexual assault suspect is a natural extension of the comprehensive medical, forensic andcounseling services provided by HHC facilities to over 900 rape/sexual assault victims each year. This program will definitely provide a strong evidence for conviction or non conviction of rape/sexual assault suspects. 6
7 RATIONALE Expedite the judicial process for conviction of suspects guilty of rape /sexual assault and acquittal of suspects not guilty/wrongly accused. Utilization of the Sexual Assault Forensic Examiners (SAFE) for collection of critical and time sensitive evidence from suspects that provides strong evidence for conviction or nonconviction. 7
8 RAPE/SEXUAL ASSAULT SUSPECT FORENSIC EVIDENCE COLLECTION PARTNERSHIP Office of the Mayor, Office of the Criminal Justice Coordinator District Attorney s Office HHC ED Departments New York Police Department 8
9 SUSPECT FORENSIC EVIDENCE COLLECTION PROTOCOL NYPD notifies HHC Hospital ED of an individual for a Suspect Evidence Collection examination Individual (suspect) will not be brought to the samehospital where the victimof rape received treatment Suspect will never be left alone; a police officer will remain with the suspect in the duration of the examination Coordination between Police Department and SAFE for exam Court order/suspect consent NYPD discuss facts and circumstances of case Collect and preserve evidence SAFE will open sealed suspect forensic evidence kit, follow instructions, omit steps deemed unnecessary based on facts of case or not included in the court order Signed completed kit endorse to law enforcement 9
10 CHALLENGES Resistance from the Sexual Assault Forensic Examiner (SAFE) staff to collect forensic evidence from rape/sexual assault suspect Mixing of patients/victims and suspects accused of rape/sexual assault Delineation of a designated area for suspect evidence collection 10
11 OVERCOMING CHALLENGES Ongoing SAFE and ED staff education and training (e.g. evidence collection, process) Expedient communication amongst interagency teams within the Criminal Justice System, NYPD, and District Attorney s Office Collaboration with HHC hospitals ED medical/ administrative leadership to ensure designation of site for suspect evidence collection 11
12 DATA TO DATE Four (4) Suspect Forensic Evidence Kits Collected (to Date) 1 Conviction 12
13 CONCLUSION Important forensic evidence can be obtained from the body and clothing of a suspect in a sexual assault case. Evidence from the suspect ss body is a crucial source of probative evidence to expedite the judicial process. Integration of suspect forensic evidence collection by specially trained clinicians inevitably increase the number of perpetrators accosted and acquit those who are innocent or wrongly accused. Timely collection of suspect forensic evidence expedites thejudicial process for both thevictim andsuspect. 13
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