Options for Sexual Assault Treatment – Texas Evidence Collection Protocol

Non-Military

Nurse Examiner meets with patient and advocate

Non-Military Options for Sexual Assault Treatment

Adult survivors of sexual assault have the option of reporting or not reporting the offense to law enforcement. In Texas, an adult is anyone who is 18 years old or older. (See Mandatory Reporting section for exceptions.)

Children fall under mandatory reporting and are therefore not eligible to have a non-report sexual assault examination. Child safety must be taken into consideration when making reporting (law enforcement and child protective services) decisions.

	Reporting	Non-Reporting
Eligibility	Mandated for children.	Available to adults only.
Eligibility	Optional for adults.	Available to adults only.
Law enforcement notification	Yes	No
Access to services: (i.e., healthcare treatment, forensic evidence collection, access to advocate, ability to track evidence)	Yes	Yes
Evidence Processing	Yes Evidence is processed (tested) by crime laboratory.	No Evidence is stored for up to five years, but not processed (tested) unless patient reports to law enforcement.

Reporting

Includes reporting the incident to law enforcement in the jurisdiction in which the sexual assault occurred, and
Patient has access to all support services, including:
- Health care treatment,
- Sexual assault forensic evidence collection,
- Access to a sexual assault advocate, and
- Ability to track sexual assault evidence through various stages of criminal justice process (Texas Government Code §420.034).
For exams conducted after August 31, 2019, the medical provider or facility may be eligible for reimbursement of the forensic component through Crime Victims’ Compensation.
“If a sexual assault is reported to a law enforcement agency within 120 hours after the assault, the law enforcement agency, with the consent of the victim of the reported assault, a person authorized to act on behalf of the victim, or an employee of the Department of Family and Protective Services, shall request a forensic medical examination of the victim” (Texas Code of Criminal Procedure, Art. 56A.251).

Non-reporting

DOES NOT include reporting the incident to law enforcement, and
The sexual assault evidence will not be processed unless the patient (up to five years after the incident, or as mandated) reports the crime to law enforcement (Texas Code of Criminal Procedure §56A.306).
Patient has access to all support services, including:
- Health care treatment,
- Sexual assault forensic evidence collection,
- Access to a sexual assault advocate, and
- Ability to track sexual assault evidence through various stages of criminal justice process (Texas Government Code §420.034).
- Ability to track sexual assault evidence through various stages of criminal justice process (Texas Government Code §420.034).
If the assault is not reported to law enforcement, responsibility for payment of the medical component of the assessment and examination may rest on the patients, and they are eligible for reimbursement through Crime Victims’ Compensation. The cost of the forensic component, including evidence collection, is billed to Department of Public Service (DPS) for exams conducted before September 1, 2019. For exams conducted after August 31, 2019, the medical provider or facility may be eligible for reimbursement of the forensic component through Crime Victims’ Compensation. Emergency medical care compensation may be available to cover the costs for the emergency medical care a person who experienced sexual assault may incur . In accordance with §56A.306 of the Texas Code of Criminal Procedure, the Texas DPS Crime Laboratory Service will store sexual assault evidence in cases where there is no law enforcement notification.
In accordance with §56A.306 of the Texas Code of Criminal Procedure, the Texas DPS Crime Laboratory Service will store sexual assault evidence in cases where there is no law enforcement notification.

Instructions for submitting a non-report sexual assault evidence collection kit are available at dps.texas.gov, with details outlined in Texas Code of Criminal Procedure §56A.306.

Per page 179 the DPS’s Crime Laboratory Division Manual…

The Department of Public Safety only stores evidence in non-reported sexual assault instances for evidence collected within or for offenses which occur within the state of Texas. Evidence is not opened and will remain in storage for a period defined by the statute.

Evidence is stored for a maximum of 5 years. Following the fifth-year anniversary of the date of collection, written notification to the survivor is provided and a response period of 3 months is granted before the evidence is destroyed.

Prior to the five-year deadline, a survivor may choose to either:
a) Release the evidence to the applicable law enforcement agency (based on where the offense occurred); or
b) Release the evidence for destruction if choosing not to pursue investigation of the offense.

Package all collected evidence in a box that is completely sealed with heavy tape. The box must be able to withstand standard shipping without undue damage. Initial and date the seal such that a portion of the initials and date are on both the box and the tape. Contents of the box may include:

A sealed sexual assault evidence collection kit;
A survivor reference DNA sample in the form of a dried buccal swab––the sample may be in its own packaging or may be enclosed in the sexual assault evidence collection kit;
Sealed paper bags containing survivor’s clothing. Submitted clothing should be limited to the survivor’s underwear unless there is a compelling reason to believe that any other items contain biological evidence from the suspect.

The box may not include blood, urine or any other liquid samples (DPS, 2021, p. 173).

Do not include the patient’s name on the external non-report SAEK. “Ensure the survivor’s unique identifier is clearly marked on all evidence packages, forms, and submitted invoices and supporting documentation” (DPS, 2021, p. 173). See chain of custody section for more on unique IDs.

Provide patients with information on how to contact law enforcement agency who has jurisdiction, if they decide to take further action. Facilities may provide the patient with the unique identifier, as their policies dictate.

In a sealed envelope that is secured to the outside of the outermost container, place the completed Non-Reported Sexual Assault Evidence Laboratory Submission form (LAB-205).

Once evidence is collected and appropriately sealed, it is shipped overnight per DPS protocol.

Shipping preferences: No shipping on Fridays or holidays
Shipping address for evidence:

Texas DPS Bio-Warehouse
12230 West Rd.,
Building C Houston, TX 77065

Consult the Texas Attorney General’s website for reimbursement information and guidelines. For invoice questions, email apinvoices@dps.texas.gov.

Follow the above process for military restricted report sexual assault kit process.

Texas Family Code §261.101 requires that any person, including medical and social services organizations, who suspect child or dependent adult abuse must report it to either Texas Department of Family and Protective Services or to local or state law enforcement.