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Preserving any available evidence after an attempted, completed, or suspected sexual assault allows you or your friend to leave open the option for criminal prosecution in the future without the obligation to take that step. Because some kinds of evidence may only be collected within a short time period after an assault, delaying action to preserve evidence immediately reduces the chances for a successful criminal prosecution in the future. The optimal time window for the collection of evidence is less than 72 hours but can be done up to 120 hours after the assault in the state of California. Even if the incident occurred more than 120 hours prior, victims are still encouraged to seek medical assistance and consult with a Sexual Assault Response Team (SART) medical professional. Some things to keep in mind are:

• To preserve evidence in the case of sexual assault, it is recommended that you do not shower or bathe, wash your hands, use the toilet, douche, eat, drink, smoke, brush your teeth, change clothing, or wash clothing or bedding before a medical exam. Even if you have already taken any of these actions, you are still encouraged to have prompt medical care. See the infographic to the right for more details.
• Seek Medical Assistance - even if you have no apparent or obvious injuries after the assault, it is still recommended that you seek medical care to assess for injuries and treat any possible underlying injuries and offer preventative resources against unwanted pregnancy and sexually transmitted diseases/infections. Victims/survivors have a couple of different confidential options when looking to obtain medical treatment, including urgent care, any hospital, or care at a Sexual Assault Response Team Center. If you wish to seek medical treatment at the hospital, the medical providers will, with your permission, collect physical evidence to be used if you decide to prosecute, through what’s called a forensic examination.

Forensic Examination - If while receiving medical treatment you provide consent for physical evidence to be collected, the process of doing so is often referred to as a forensic medical exam or “rape kit.” This cannot be done at Student Health Services, but must be done at an emergency room or hospital by a Sexual Assault Nurse Examiner (known as “SANE Nurse” for short). Depending on the types of sexual contact/activity that occurred, the search for physical evidence may include taking samples from the vagina, mouth, or rectum to test for sperm cells and semen. If you think you were drugged or consumed a sedative-like substance, ask the medical provider to take a urine sample. Other evidence may be obtained from fingernail scrapings, foreign matter on your body, and the clothes you were wearing at the time of the assault. All exam findings are completely confidential and can only be released with your written consent. If you have visible injuries, you may be asked to have photographs taken. Photographing injuries is important because by the time your assailant is prosecuted, the injuries may have healed.

Things to note about the forensic examination:

• The exam can be done up to five days (120 hours) post assault. (After five days, victims are encouraged to still consult with a SART professional).
• This is true even if you have showered or done any of the other things listed above or in the graphic below.
• There is no cost for a forensic examination and no bill should be generated.
• Evidence Collection - Typically, if police are involved or will be involved, they will obtain evidence from the scene. It is best to leave things undisturbed until their arrival. Police may gather bedding, linens or unlaundered clothing, and any other pertinent articles that may be used for evidence. It is best to allow police to secure items in evidence containers, but if you are involved in transmission of items of evidence, such as to the hospital, or if you aren’t sure whether or not you’d like to report to police at that time, secure them in a clean paper bag or clean sheet to avoid contamination. Plastic bags or containers are not recommended, and items should be stored at room temperature that will not damage evidence.
• If physical injuries are present, they can not only be treated – but also photographed with a date stamp on the photo. SANE Nurses have special equipment to photograph injuries.

NOTE - Going to the hospital, or having a forensic medical exam, does not mean that you have to make a report to the police - you get to decide whether you’d like to make a statement to law enforcement. At the time, you may not know whether or not you’d ever want to pursue a criminal investigation, and that’s completely okay. Evidence can be collected, and you can decide later whether or not you want to press criminal charges.

Similarly, you can provide a statement and inform the police that you do not wish to participate at that time. Providing a statement to law enforcement as soon after the incident as possible allows you to document your experience while everything is still fresh. This form of evidence preservation can be helpful in case you decide to pursue a criminal investigation now, or years later when it may be more challenging to remember all the details.   

• In the case of dating and/or domestic violence, the resource you choose to report the incident/crime to (a doctor, the police, the University, an advocate, etc.) may recommend ways to preserve evidence such as logging incidents, seeking medical care, etc.
• If physical injuries are present, photograph or have them photographed.
• Things to consider:
  • Include a date stamp on each photo.
  • Be sure to take photographs at various time points after the incident to capture the healing process.
    • For example, it may take a few days for bruising or other signs of injury to appear so if photographs are only taken immediately after a physical incident occurs, important details/evidence of the injuries may not be captured.
  • Take photographs from various angles to document the full scope of the injuries. 

Stalking is demonstrated through a pattern of unwanted contact or conduct which may occur in person, digitally, through a third party, or by some combination of these methods.

• Record information about the stalking behavior you may be experiencing will help to document the behavior for University resolution processes, protection order applications, divorce and child custody cases, or criminal prosecution should wish to hold the individual engaging in the behavior accountable. It can also help preserve your memory of individual incidents about which you might later report or testify.
• A stalking log can be used to record and document all stalking-related behavior, including harassing phone calls, text messages, letters, e-mail messages, acts of vandalism, and threats communicated through third parties. It’s important to capture the following information in as much detail as possible in this log: date, time, description of incident, location of incident (physical location, technology used, online platform, witness names and contact information, evidence (e.g. photos, video, screenshots, call logs, gifts, etc.), and details regarding a corresponding report filed (e.g. name of office or organization, report #, contact person).
• When reporting the incidents to law enforcement, always write down the officer’s name and badge number for your own records. Even if the officers do not make an arrest, you can ask them to make a written report and request a copy for your records.
• In addition to logging unwanted contact, an advocate or police officer may recommend you save and photograph unwanted text messages, emails, letters and gifts and store them in a secure location.