Why Examine the Suspect?

I've heard it so many times. "We examine the victim but not the suspect." Really? My brain whirls and I have to try to understand this idotic notion. It's almost as simple as an equation If A+B=C, then C-A must=B.
But in the forensic sexual assault world, apparently examining A (the alleged victim) is good enough.

Please, forensic examiners, and persons of common logic, if you examine the victim then fight for examining the suspect as well. Law enforcement has no place in the examination of, and collection of , forensic evidence of the suspect.

In cases of crime, we are supposed to assume that the accused is innocent until proven guilty, but the rampant advocacy of alleged sexual assault victims does not do this. They often immediately begin calling the suspect the "perp" or perpetrator, and the thought is that law enforcement and/or medical will not pay to have the forensic kit done so why do it?

I shake my head in shame that people ever think such a thing. If there was a crime committed, or alleged, then ALL of the crime scene must be examined including the individuals present at the crime. And it is much more than a simple DNA swab. The examiner must do a head to toe exam on the suspect just as one was done on the alleged victim. You never know what you'll find, or what you don't find. And that information has a huge bearing on the case. The Judge and Jury deserve to have ALL of the details. Tox screen levels, trace evidence, photographic evidence, etc.

Let's just say it. There is NO reason that the accused or the suspect in a sexual assault case (or in any crime where there is clinical forensic evidence) should not get a forensic exam. (The assumption being that the victim has made a report and requests an exam.) A suspect exam is needed to pair with the accuser's exam and the rest of the evidence from the place the crime allegedly took place as well as from witnesses. When we fail to do a suspect exam we do a disservice to the justice system. Plain and simple.

So you won't get your exam paid for by VAWA. Find another group who WILL pay for it. The other thing I often hear is, "Well, I'm the only examiner and can't examine both the alleged victim AND the suspect." Concerns over cross contamination and objectivity are cited as reasons why. I say this is bullshit. If an examiner needs to perform an exam, there are perfectly acceptable ways to do this.

In the case of cross contamination and only one examiner, the examiner completes the alleged victim first, showers and change clothes and the suspect exam is done in a completely different room or a room that was wiped down thoroughly before the exam was done. In terms of objectivity, a SAFE/SANE examiner is a medicolegal professional who is ethically bound not to pick sides of a case. We are experts. There should be no loyalty to an alleged victim or a suspect. Our job is to collect forensic evidence, regardless, and when the case goes to trial our role is to help the courtroom understand the results on a scientific evidence based case. It is really that simple.

So, next time you wonder whether your facility should be doing suspect exams, stop asking the question because the answer is "yes". If you do alleged victim exams, then you should do suspect exams as well. The suspect may be innocent, or the alleged victim may have been sexually assaulted/raped, but no one will have the information to decide completely if you don't give them all of the evidence available. Suspect full exam, including photographs of injuries, tox kit, BAL level, STD testing, the full works . . . is important. Look at your protocols and if they do not include suspect exams, change them so they do.

One of the greatest issues I have with many programs in general is the desire to fall back and say "we can't because...." It's important to always change the perspective to: "If we had to, HOW could we do it?" The second question opens up a number of possibilities. Possibilities that can really make a difference for the judge and jury deciding the case.

Think carefully about this. Remember that much of the outcome depends on you, in that evidence needs to be collected correctly, expert-witness testimony needs to be done in a non-biased, professional and ethical manner, and the court will only have the evidence that is collected in order to decide the case (aside from witness testimony). The lives of individuals are at stake. A victim may lose the opportunity for justice, or an innocent man/woman may go to prison for several years and have their name placed on a sex offender registry for the rest of their lives. We owe it to the courtroom to give them as much evidence as we can, so they can make the best decision they can.

*Disclaimer: The statements above do not reflect the opinions or attitudes of the DoD or the US Navy or any other government entity, but are solely those of the author.