National Protocol Table of Contents
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Goals
Recommendations at a Glance
Introduction
Background
About this document
Use of terms
Section A. Overarching Issues
1. Coordinated Team Approach
Understanding the purpose of the exam
Key responders and their roles
Quality assurance measures
2. Victim-Centered Care
Patient Priority as an emergency case
Patient privacy
Exam adapted to patients’ needs and circumstances
Issues commonly faced by patients from specific populations
Importance of victim services within the exam process
Presence of personal support persons in the exam room
Requests for a responder of a specific gender
Explanation of procedures during the exam process
Respect for patients’ priorities
Integration of medical and evidentiary collection procedures
Patient safety during the exam process
Information patients can review at their convenience
Physical comfort needs of patients
3. Informed consent
Seeking informed consent as appropriate
Obtaining consent from specific populations
4. Confidentiality
Scope and limitations of confidentiality
Building understanding of confidentiality issues
Impact of federal privacy laws
Resolving intrajurisdictional conflicts
5. Reporting to Law Enforcement
Making the decision to report
Consequences of reporting
Alternatives to standard reporting procedures
Promoting a victim-centered reporting process
6. Payment for the Examination Under VAWA
VAWA provisions related to exam payment
Section B. Operational Issues
1. Sexual Assault Forensic Examiners
Specific knowledge, skills, and attitudes
Advanced education and clinical requirements
Access to experts
2. Facilities
Obligation to serve patients
Use of specially educated and clinically prepared examiners
Optimal site locations
Basic requirements
Patient transfers
3. Equipment and Supplies
Availability of specific equipment and supplies
Cost barriers
4. Sexual Assault Evidence Collection Kit
Minimum guidelines for contents
Standardized kits
5. Timing Considerations for Collecting Evidence
Importance of the history and exam finding
Prompt exam to minimize loss of evidence
Decisions made on a case-by-case basis
Resources for responders
6. Evidence Integrity
Policies to dry, package, label, and seal evidence
Evidence transfer policies
Storage policies
Documentation of evidence
Section C. The Examination Process
1. Initial Contact
Consensus among agencies regarding procedures
Essential activities
2. Triage and Intake
Priority cases
Acute care needs
Alerting examiners
Contacting advocates
Safety concerns upon arrival of patients at the site
Immediate medical and mental health interventions
3. Documentation by Health Care Personnel
Completion
Education for examiners
Mechanisms to ensure accuracy and objectivity
4. The Medical Forensic History
Coordination of history taking and investigative interviewing
Presence of advocates during the history
Patient needs addressed prior to and during history
Obtaining the history
5. Photography
Extent
Photographers and equipment
Patient comfort and privacy
Explanation of photography procedures
Initial and follow-up photographs
Photograph storage
6. Exam and Evidence Collection Procedures
Evidentiary purpose of the exam
Collecting as much evidence as possible
Issues related to consent to sexual contact
Testing of biological evidence
Exposure to infectious material and evidence contamination
Importance of semen evidence
Addressing patients’ needs and concerns
Explanation of exam and evidence collection procedures
Conducting the exam and documenting findings
Evidence to submit to the crime lab for analysis
Other evidence
Medical specimens separate from forensic specimens
7. Alcohol and Drug-Facilitated Sexual Assault
Training and development of policies
Response to voluntary use of drugs and/or alcohol
Circumstances in which testing may be indicated
Explanation of testing procedures
Collecting samples
Toxicology labs
Preservation of evidence and chain of custody
8. STI Evaluation and Care
Information on STIs
STI testing
Prophylaxis against STIs
Follow-up care
Concerns about HIV infection
9. Pregnancy Risk Evaluation and Care
Probability of pregnancy
Pregnancy testing
Treatment options
Facility policy
10. Discharge and Follow-Up
Medical discharge and follow-up care
Coordination among responders prior to discharge
11. Examiner Court Appearances
Broad education on court appearances
Prompt notification for examiners
Pretrial preparation
Feedback on testimony
Bibliography
Appendix A. Developing Customized Protocols: Considerations for Jurisdictions
Appendix B. Creation of Sexual Assault Response and Resource Teams
Appendix C. Impact of Crawford v. Washington, Davis v. Washington, and Giles v. California
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