By – James M. Katz, BA

The role of a forensic nurse in sexual assault cases is crucial for providing compassionate care to survivors and collecting vital evidence. These specialized healthcare professionals bridge the gap between medical treatment and the legal system, offering a unique set of skills that combine nursing expertise with forensic science. Their work has a significant impact on both the healing process for victims and the pursuit of justice in sexual violence cases.

Forensic nurses, particularly those trained as Sexual Assault Nurse Examiners (SANE), perform several key functions in sexual assault cases. They conduct thorough medical examinations, gather and preserve forensic evidence, and offer emotional support to survivors. This guide will explore the various aspects of a forensic nurse’s responsibilities, including the sexual assault examination process, evidence collection techniques, and the legal considerations involved in their work. It will also highlight the importance of a victim-centered approach and the challenges forensic nurses may face when testifying in court.

What is a Forensic Nurse?

A forensic nurse is a registered nurse who combines the holistic care of nursing with principles from law, medicine, and science. This unique blend of skills allows them to provide specialized care for individuals who intersect with both the healthcare and legal systems. Forensic nurses play a vital role in bridging the gap between medical care and the criminal justice system, offering a comprehensive approach to patient care while also supporting legal proceedings.

Definition and qualifications

Forensic nursing is commonly defined as the application of forensic aspects of healthcare combined with the bio/psycho/social/spiritual education of registered nurses in the scientific investigation and treatment of trauma and/or death of victims and perpetrators of violence, criminal activity, and traumatic accidents. These specialized healthcare professionals work in various settings, including hospitals, community anti-violence programs, coroner and medical examiner offices, and correctional facilities.
To become a forensic nurse, individuals must first obtain a nursing degree and become licensed as a registered nurse. Many forensic nurses begin their careers with an Associate Degree in Nursing (ADN) or a Bachelor of Science in Nursing (BSN). While both paths can lead to a career in forensic nursing, a BSN may provide a more in-depth education and may be preferred by some employers.

Specialized training and certification

After obtaining their nursing license, aspiring forensic nurses must complete specialized training in forensic nursing. Many start their careers as Sexual Assault Nurse Examiners (SANEs), which requires completing a 40-hour didactic training program followed by approximately 40 hours of clinical training. This training covers topics such as survivor symptomology, documentation, history-taking skills, evidence collection, courtroom testimony, and forensic photography.

Certification is an important step in demonstrating expertise in the field of forensic nursing. The International Association of Forensic Nurses (IAFN) offers two professional credentials: the Sexual Assault Nurse Examiner-Adult/Adolescent (SANE-A®) and the Sexual Assault Nurse Examiner-Pediatric/Adolescent (SANE-P®). To be eligible for certification, nurses must have been practicing as registered nurses for a minimum of two years and meet other criteria determined by the Forensic Nursing Certification Board.

Key responsibilities in sexual assault cases

Forensic nurses, particularly those certified as SANEs, have several crucial responsibilities when working with sexual assault survivors. These include:

1. Conducting comprehensive medical forensic examinations, which involve documenting the assault history, performing a complete physical examination, and identifying and documenting injuries.
2. Collecting and preserving physical evidence, such as blood, tissue, and fluid samples, which may be crucial in legal proceedings.
3. Administering preventive medications for sexually transmitted infections and pregnancy.
4. Providing emotional support and counseling to victims and their families.
5. Offering referrals for advocacy and support services.
6. Testifying in court as expert witnesses, providing crucial information about the evidence collected and the care provided.

These examinations can take between two to four hours, depending on the nature and extent of injuries. Forensic nurses use specialized tools to detect and document injuries that may not be visible to the naked eye, ensuring thorough evidence collection.

In addition to their work with sexual assault survivors, forensic nurses may also be involved in other areas where healthcare and the legal system intersect, such as death investigation, legal nurse consulting, and caring for victims of other forms of interpersonal violence.

The Role of a Forensic Nurse in the Sexual Assault Examination Process

The sexual assault examination process is a critical component of the forensic nurse’s role in providing care to survivors of sexual violence. This comprehensive procedure involves several key steps, each designed to collect evidence, document injuries, and provide compassionate care to the patient.

Initial patient contact and consent

When a patient presents for a sexual assault examination, the forensic nurse’s first priority is to establish a safe and supportive environment. The nurse explains the examination process in detail, emphasizing that the patient has control over each step and can decline any part of the exam. Obtaining informed consent is crucial  and involves two separate processes: one for medical evaluation and treatment, and another for evidence collection and release.

The nurse must ensure that the patient understands the full nature of their consent to each procedure, including potential side effects, limits of confidentiality, and possible impacts. It’s important to note that patients can decline any part or all of the examination, but they should be made aware of how this may affect the quality of care and usefulness of evidence collection.

Medical history and assault history

Obtaining a thorough medical and assault history is essential for guiding the examination and evidence collection process. The forensic nurse asks detailed questions about the assault, including the type of contact that occurred, use of weapons or restraints, and any loss of consciousness. This information helps determine which areas to examine and what evidence to collect.

The nurse also gathers information about the patient’s medical history, including current medications, allergies, and recent consensual sexual activity. This information is crucial for providing appropriate medical care and interpreting forensic findings.

Physical examination and evidence collection

The physical examination is conducted systematically, with the forensic nurse documenting any injuries or areas of tenderness. The examination may include an oral, anal, and/or genital exam, depending on the reported assault. The nurse uses specialized equipment, such as a colposcope, to detect and document subtle injuries that may not be visible to the naked eye.

Evidence collection is a meticulous process that follows strict protocols to maintain the chain of custody. The nurse collects biological samples such as swabs from various body areas, fingernail scrapings, and hair combings. Clothing worn during or immediately after the assault is also collected and packaged separately.
The forensic nurse uses a sexual assault evidence collection kit, often referred to as a “rape kit,” which contains all necessary materials for collecting and preserving evidence. This may include swabs, envelopes, paper bags, and documentation forms.

Documentation and photography

Thorough documentation is crucial throughout the examination process. The forensic nurse records all findings, including the patient’s account of the assault, physical injuries, and evidence collected. This documentation becomes part of the medical forensic record and may be used in legal proceedings. Photography plays a significant role in documenting injuries and evidence. With the patient’s consent, the forensic nurse takes photographs of visible injuries, using scales for size reference. These images can supplement the written documentation and provide visual evidence for potential legal proceedings.

The sexual assault examination process is designed to be comprehensive while prioritizing the patient’s well-being and autonomy. By following these steps, forensic nurses play a crucial role in collecting vital evidence while providing compassionate care to survivors of sexual assault.

Evidence Collection and Preservation

The role of a forensic nurse in evidence collection and preservation is crucial in sexual assault cases. These specialized healthcare professionals must follow strict protocols to ensure the integrity of the evidence collected. The process involves various types of evidence, proper collection techniques, and maintaining a chain of custody.
Types of evidence collected by forensic nurses include clothing, debris, fingernail clippings, foreign materials from the body surface, hair combings, and oral and anogenital swabs. Clothing is particularly important as it may contain traces of foreign materials such as semen, saliva, blood, hairs, fibers, and debris from the crime scene. These items can provide valuable information and may be compared with evidence collected from suspects and crime scenes.

When collecting clothing evidence, forensic nurses follow specific procedures. They place a clean hospital sheet on the floor as a barrier, followed by collection paper. Patients are asked to disrobe over the collection paper to catch any foreign material that may be dislodged. The nurse examines the clothing for any apparent foreign material, stains, or damage. It’s important to note that forensic nurses should be sensitive about how much clothing to take as evidence, considering the potential financial burden on the victim.

Proper techniques for collection are essential to maintain the integrity of the evidence. Forensic nurses use swabs to collect dried or moist secretions and stains from the body surface. They may use an alternate light source to assist in identifying evidence. Separate swabs are used for each sample area collected, following jurisdictional policies regarding the number of swabs required.

For fingernail evidence, forensic nurses ask patients if they scratched the suspect’s face, body, or clothing. If so, or if fibers or other materials are observed under the patient’s fingernails, the nurse collects fingernail clippings, scrapings, or swabbings according to jurisdictional policy. Chain of custody procedures are critical in maintaining the integrity of the evidence. Each piece of evidence must be properly packaged, labeled, sealed, and initialed. For clothing items, each piece is placed in a separate paper bag. The nurse labels, seals, and initials the seal of each bag. This documentation ensures that the evidence can be traced from the moment of collection to its presentation in court.

Storage and transfer of evidence require careful attention. Wet evidence, such as clothing, tampons, and sanitary napkins, must be handled according to jurisdictional policy. It’s crucial to alert law enforcement representatives and crime lab personnel about the presence of wet evidence and the need for its immediate analysis or further drying.

The sexual assault evidence collection kit, often referred to as a “rape kit,” contains all necessary materials for collecting and preserving evidence. This kit is a crucial tool in the forensic nurse’s role, allowing for systematic and standardized evidence collection. Forensic nurses must also be aware of the time constraints for evidence collection. In general, evidence can be collected up to 96 hours following a sexual assault. However, the effectiveness of evidence collection may decrease over time, making timely examination crucial.

Throughout the evidence collection process, forensic nurses must prioritize the patient’s well-being and autonomy. They should explain each step of the process, obtain informed consent, and allow patients to decline any part of the examination. This victim-centered approach is a fundamental aspect of the forensic nurse’s role in sexual assault cases.

By meticulously following these procedures for evidence collection and preservation, forensic nurses play a vital role in supporting the legal process and potentially aiding in the pursuit of justice for sexual assault survivors.

Providing Compassionate Care to Survivors

Forensic nurses play a crucial role in providing compassionate care to survivors of sexual assault. Their approach is centered on trauma-informed care, which considers the experiences of each individual and how trauma may affect their lives. This method is designed to prevent re-traumatization and promote healing.

Trauma-informed approach

A trauma-informed approach starts with understanding the sources of trauma that survivors of sexual assault experience. These sources include the trauma from the recent assault, trauma from previous experiences of abuse or violence, and historical trauma. This understanding helps forensic nurses support healing, acknowledge patients as whole people, and reduce re-traumatization.

Forensic nurses evaluate all components of their program from the perspective of trauma survivors. They recognize that family and friends of survivors may also be dealing with their previous experiences of trauma, which may impact their ability to provide support to the patient seeking care. For example, the mother of an adolescent victim may not have disclosed that she was a victim of sexual assault as a teenager, making it difficult for her to provide support for her daughter if she is re-experiencing her own assault.

Emotional support and crisis intervention

Providing emotional support and crisis intervention is a critical aspect of a forensic nurse’s role. They create a safe environment where individuals can express their feelings and develop healthy coping strategies to deal with their traumatic reactions to sexual violence. Through crisis intervention, forensic nurses support victims, help them meet their needs, stabilize their reactions to the trauma, and assist them in prioritizing and planning to resolve their concerns.

Forensic nurses strive to display acceptance, empathy, and support for the victim. They remain calm and help calm the victim, ensuring their safety and addressing any immediate medical concerns. They also discuss reporting options and help victims prioritize their concerns in terms of urgency.

Addressing immediate medical needs

Addressing immediate medical needs is a crucial part of a forensic nurse’s role. They perform medical exams, collect specimens for possible use by law enforcement (with consent), and connect patients with appropriate after-care resources. Forensic nurses urge victims to seek any needed care following the sexual assault and address specific concerns of the victim.

In most cases, patients enter the system through the emergency department, where the role of the forensic nurse is particularly crucial. They spend several hours with a patient, depending on the specifics of each case, building trust and providing comprehensive care.

Referrals for follow-up care and counseling

Forensic nurses ensure that survivors are connected with the next steps when they leave. This may include lining up hospital advocates from the Victim Assistance Program or providing resources through a local rape crisis center. They offer referrals for follow-up care and counseling, recognizing that recovery may take time and require long-term resources.

For example, some hospitals have established Care After Trauma (CAT) clinics where patients can meet with a forensic nurse who acts as their care coordinator. These nurses help with education and assist with medical examinations. Victim advocates provide guidance in communicating with law enforcement, applying for victims of crime compensation, safety planning, and other services that patients may require.

Forensic nurses also provide the victim with contact information for the local rape crisis center for additional crisis intervention services, hospital accompaniment, and follow-up support. They explain the services offered and, with the victim’s permission, connect them with a victim advocate.

By providing compassionate care, forensic nurses play a vital role in supporting the healing process for survivors of sexual assault. Their trauma-informed approach, emotional support, immediate medical care, and referrals for follow-up services help ensure that survivors receive the comprehensive care they need to begin their journey towards recovery.

Legal Considerations and Testifying in Court

Forensic nurses play a crucial role in legal proceedings related to sexual assault cases. Their expertise bridges the gap between healthcare and the legal system, making their testimony invaluable in court. Understanding the legal aspects of their role is essential for forensic nurses to effectively contribute to the pursuit of justice.

Understanding relevant laws and regulations

Forensic nurses must have a thorough understanding of the laws and regulations governing sexual assault cases in their jurisdiction. This knowledge helps them navigate the complexities of the legal system and ensures that their actions during examinations and evidence collection comply with legal standards. Familiarity with laws such as the Violence Against Women Act (VAWA) and the Sexual Assault Forensic Evidence Reporting (SAFER) Act is crucial for forensic nurses to perform their duties effectively.

Maintaining objectivity and professionalism

When testifying in court, forensic nurses must maintain a high level of objectivity and professionalism. Their role is to present factual information based on their examination and evidence collection, not to advocate for either side. This impartiality is crucial for maintaining credibility and ensuring that their testimony has an impact on the legal proceedings.

Forensic nurses should be prepared to discuss their findings with both prosecutors and defense attorneys. Some programs encourage forensic nurses to meet with attorneys from both sides simultaneously, promoting transparency and ensuring that all parties have access to the same information.

Preparing for testimony

Thorough preparation is key to effective testimony. Forensic nurses should review their documentation, including medical records and evidence collection forms, before testifying. They should be prepared to explain their qualifications, the examination process, and their findings in clear, concise language that can be understood by individuals without medical backgrounds.

It’s important for forensic nurses to practice answering potential questions and explaining complex medical concepts in layman’s terms. This preparation helps ensure that their testimony is clear and accessible to the jury.

Presenting evidence effectively

When presenting evidence in court, forensic nurses must be able to explain their findings clearly and concisely. They should be prepared to discuss the significance of physical evidence, such as injuries or DNA samples, and how it relates to the case. Forensic nurses may also be asked to explain the absence of physical evidence, as this does not necessarily indicate that an assault did not occur.

Forensic nurses should be familiar with the rules of evidence in their jurisdiction and understand how to present information in a way that complies with these rules. They should also be prepared to explain any limitations or potential alternative interpretations of the evidence they collected.

In conclusion, the role of a forensic nurse in legal proceedings is crucial for ensuring that justice is served in sexual assault cases. By understanding relevant laws, maintaining objectivity, preparing thoroughly, and presenting evidence effectively, forensic nurses can make significant contributions to the legal process and support survivors of sexual assault.

Conclusion

Forensic nurses play a vital role in sexual assault cases, bridging the gap between healthcare and the legal system. Their work has a profound impact on both the healing process for survivors and the pursuit of justice. By providing compassionate care, collecting crucial evidence, and offering expert testimony, these professionals make a significant contribution to addressing sexual violence in society.

The comprehensive approach of forensic nurses, combining medical expertise with forensic skills, is essential to support survivors and aid legal proceedings. Their dedication to maintaining objectivity while providing trauma-informed care showcases the unique value they bring to this challenging field. As awareness of their importance grows, so does the need to support and expand forensic nursing programs to ensure that survivors receive the best possible care and support.

If you’re a registered nurse and want to help victims of violent crimes find justice, then maybe becoming a forensic nurse is something you would be interested in? AIHCP has a certification in Forensic nursing available 100% online. The program consists of 5 online forensic nursing courses. For full information please review our program here.

FAQs

1. What is a forensic nurse who specializes in sexual assault cases?
   A Sexual Assault Nurse Examiner (SANE) is a registered nurse who has undergone additional education and training to provide comprehensive healthcare to survivors of sexual assault.
2. What are the primary duties of a forensic nurse?
   Forensic nursing is a specialized field that merges nursing and forensic science principles to offer specialized care to patients involved in legal cases. These nurses are responsible for collecting evidence, providing crisis intervention, delivering specialized medical care, and acting as expert witnesses during legal proceedings.
3. What does a Sexual Assault Nurse Examiner (SANE) do?
   A Sexual Assault Nurse Examiner (SANE) is a Registered Nurse who has received specialized training to provide thorough care to victims of sexual assault. This includes conducting forensic examinations and potentially providing expert testimony in court trials.
4. What tasks does a forensic nurse perform in an emergency room setting?
   In an emergency room, a forensic nurse’s responsibilities include taking detailed patient histories, conducting physical examinations, collecting and photographing evidence such as debris and bodily fluids, documenting injuries through photographs, providing wound care, interviewing patients and their families, and reporting findings as required.

Research Articles:

Forensic Nurse Hospitalist: The Comprehensive Role of the Forensic Nurse in a Hospital Setting. Kelly Berishaj DNP, RN, ACNS-BC, SANE-A, Et Al. Journal of Emergency Nursing Volume 46, Issue 3, May 2020, Pages 286-293.
Access link here

Knowledge of Forensic Nursing Practices: Efficacy of an Intervention for Nursing Students. Ribeiro, Gonçalo Pedro de Oliveira MSc, RN; Et Al. Journal of Forensic Nursing 16(3):p 154-160, 7/9 2020.
Access link here

Forensic Mental Health Nurses’ Perceptions of Clinical Supervision: A Qualitative Descriptive Study. Feerick, A., Doyle, L., & Keogh, B. (2020). Issues in Mental Health Nursing, 42(7), 682–689.
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How forensic mental health nurses’ perspectives of their patients can bias healthcare: A qualitative review of nursing documentation. Krystle Martin PhD, Et Al. Journal of Clinical Nursing, Volume 29, Issue 13-14, July 2020, Pages 2482-2494
Access link here