Military Medical Forensic Assessments

Sexual assault that occurred—or in instance of child or vulnerable patient, the last contact with suspect occurred—within seven days prior to medical examination (U.S. Army Medical Department Center and School, 2017).

• All patients who were acutely sexually assaulted should be offered a medical forensic assessment.
• Facilities that are not on a military installation follow state statutes regarding evidence collection up to 120 hours post-assault (Texas Code of Criminal Procedure §56A.303). Some jurisdictions, including military installations, collect evidence up to seven days after the sexual assault.
• Evidence is typically collected when sexual assault occurred within seven days, or with examiner discretion if beyond seven days (U.S. Army Medical Department Center and School, 2017)
• All children, regardless of when last contact occurred and type of contact described or suspected, should be assessed by an expert (sexual assault nurse examiner, specially trained medical forensic professional or child abuse pediatrician) as soon as possible.
• Children assaulted more than 120 hours ago and who are not in danger of being re- assaulted may have a scheduled examination later. Check local jurisdiction for examination time frames.

An assessment completed by medical personnel who are not SANEs or SAMFEs which does not include forensic evidence collection.

“The sexual assault medical forensic exam is an assessment of a sexual assault patient by a health care provider, ideally one who has specialized education and clinical experience in the collection of forensic evidence and treatment of these patients. The assessment includes gathering information from the patient for the medical forensic history; an examination; coordinating treatment of injuries, documentation of biological and physical findings, and collection of evidence from the patient; documentation of findings; information, treatment, and referrals for STIs, pregnancy, suicidal ideation, alcohol and substance abuse, and other non-acute medical concerns; and Follow-up care as needed to provide additional healing, treatment, or collection of evidence” (DoJ, 2013, p. 17).

Sexual assault that occurred more than seven days ago. When a sexual assault occurred greater than 120 hours prior to sexual assault examination, clinical judgment should be used to determine if evidence collection is warranted. After medically stabilizing the patient, the examiner shall notify law enforcement recommending a sexual assault examination be completed (Texas CCP §56A.251). Injuries and possibly potential DNA evidence may be present that require documentation and treatment.