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DNA testing of sexual assault evidence: The laboratory perspective

Article  in  Journal of Forensic Nursing · September 2011

DOI: 10.1111/j.1939-3938.2011.01111.x · Source: PubMed

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REVIEW ARTICLE

DNA testing of sexual assault evidence: The laboratory

perspective
Abby Burg, BS, F-ABC1 , Roger Kahn, PhD, F-ABC2 , and Katherine Welch, MS, F-ABC3
1 DNA Analyst, Harris County Institute of Forensic Sciences, Houston, TX
2 Director, Forensic Genetics Laboratory, Harris County Institute of Forensic Sciences, Houston, TX
3 Serology/CODIS Manager, Harris County Institute of Forensic Sciences, Houston, TX

Keywords Abstract
DNA; forensic nursing; sexual assault.
The availability of DNA testing has dramatically changed the way that
Correspondence crimes are investigated. DNA results can link offenders to their crimes, ex-
Abby Burg, BS, F-ABC, 850 Bryant St., Building onerate wrongfully accused individuals, identify mass fatality victims and
606, San Francisco, CA 94103.
more. In the case of sexual assault, DNA evidence alone cannot prove
Tel: (415)-671-3103;
that a sexual assault has occurred. DNA analysis can only reveal whether
E-mail: anb614@gmail.com
a person’s DNA is, or is not, present. In this paper, the authors pro-
Received: October 1, 2010; accepted: February vide readers with an overview of the advantages and limitations of DNA
14, 2011 analysis, the importance of proper evidence collection, the technologies
available, and the amount of sample needed for testing. Through proper
doi: 10.1111/j.1939-3938.2011.01111.x evidence collection and quality laboratory services, the full value of DNA will
be realized.

Sexual assault is a prevalent crime in today’s soci-
ety. In 2007, there were approximately 248,300 sexual
assaults reported by victims over the age of 12 in the
United States (Rape, Abuse, and Incest National Network,
2010). The intimate nature of the crime has been a basis
for the widespread use and success of DNA evidence as
an aid for investigating sexual assaults. Biological fluids
left behind, when properly collected, preserved, and an-
alyzed, serve as crucial evidence. Law enforcement can
use this evidence to supplement the information they ob-
tain during the investigation, such as eyewitness state-
ments, especially in cases of drug-facilitated sexual as-
sault where the complainant may not remember the as-
sault. DNA testing is widely accepted by both the scien-
tific and judicial communities. Taking full advantage of
the availability of DNA testing may lead to closure and
justice for the victims of these acts or acquittal for the
falsely accused. Acquiring a basic knowledge of the the-
ory and potential of DNA analysis and of the testing ca-
pabilities of available laboratories allows the process of
solving sexual assault cases to become most efficient and
effective.
DNA structure and its use in forensics
DNA composition
DNA, or deoxyribonucleic acid, is the genetic blueprint
for life. DNA is a polymer, which means it is a long, thin
strand of linked units, like beads on a string. In humans,
the string is made up of approximately 6 billion beads,
3 billion from each parent. The four types of “beads,” or
base units that make up a DNA strand are called adenine
(A), guanine (G), thymine (T), and cytosine (C). The
precise order of these units on the strand is a person’s
genetic code. DNA is made up of two strands. The units
on one strand pair up with units on the second strand.
These two joined strands twist into an arrangement
called a “double helix.” DNA found in the nucleus of
a cell is organized into structures called chromosomes.
During reproduction, half of the father’s chromosomal
DNA contained in a sperm cell and half of the mother’s
DNA contained in an egg are combined. The resulting
child will share half of its DNA with each parent. Humans
have 23 pairs of chromosomes, for a total of 46. Two of
these are sex determining, the X and Y chromosomes.

Journal of Forensic Nursing 7 (2011) 145–152 

c 2011 International Association of Forensic Nurses 145
DNA testing of sexual assault evidence
Females have two X chromosomes and males have one
X and one Y chromosome. DNA is found in nearly every
cell of the body and the genetic code of an individual is
the same regardless of where in the body it comes from.
In humans, approximately 99.9% of DNA is the same
from person to person regardless of race or ethnicity
(Collins & Mansoura, 2001). The remaining 0.1% can
vary from person to person. Forensic DNA testing takes
advantage of these differences to distinguish one person
from another (i.e., a nonmatch) or to link two or more
samples to the same person (i.e., a match).
DNA technologies
The most common test used in forensic laboratories
today looks at portions of the DNA strand called short
tandem repeats (STRs). STRs are short segments of DNA
units repeated back-to-back. The number of times that
the pattern is repeated varies from person to person.
STRs are useful to forensics because this variation in
the number of repeating segments is part of that unique
0.1% of a human’s DNA. For example, if the pattern
examined on a chromosome is ATTC, one person’s DNA
may have three repeats, ATTC ATTC ATTC, and another
person might have five repeats in their DNA, ATTC ATTC
ATTC ATTC ATTC. If the DNA present on a piece of
evidence has three repeats, a person with five repeats
can be excluded as the source of the sample. Many STR
patterns on different chromosomes are tested at one
time. Individually, each STR pattern is not rare, but the
more tests that are done, the harder it is to find a person
with exactly the same number of units. Think of STR
testing as a series of dice throws. The more times the
die is thrown, the harder it is to get a perfect match to
a second series of throws. In the United States, a set of
13 STR markers is analyzed. Additional markers
are tested on the sex-determining chromosomes to
determine if the sample came from a male or a
female.
DNA test results with STRs can be obtained with very
small amounts of DNA. The final result of an STR DNA
test is a visual display with many peaks representing the
number of repeats from each marker. This is known as
an electropherogram and the result is commonly referred
to as a “DNA profile.” The DNA profiles developed from
evidence samples can be compared to DNA profiles of
known samples from the suspect or victim. The DNA
analyst determines whether the two profiles are the same
or different. If the evidence and known DNA profiles
are different, the individual is excluded as contributing
the DNA on the sample. If they are the same, the person
cannot be excluded as a possible source of the sample.
An absolute match is not made between evidence and
146
A. Burg, R. Kahn, and K. Welch
known samples because only small segments of DNA are
examined rather than the entire genetic code. A statistic
is calculated for any samples where a person is not
excluded so that weight is assigned to that conclusion.
For example, a statistic that says that a DNA profile
could be found in 1 in 1,000 people would not carry as
much weight as one where the profile is found in 1 in
1,000,000,000,000 people.
Another test becoming more prevalent in the forensic
DNA community is Y-STR testing. This test is similar to
the STR testing just discussed, in that STRs are exam-
ined that vary from person to person. However, with
Y-STR testing, the analysis only focuses on areas on the
Y chromosome and is therefore specific to males only.
Females have two XX chromosomes and no Y, so
they will not produce DNA profiles in a Y-STR test.
The limitation of this technique is that, because the Y
chromosome must always come from the father, the
Y-STR DNA profile that is passed from generation to
generation is the same, and paternally related individ-
uals cannot be distinguished from one another. Y-STR
profiles are not nearly as informative as STR profiles.
For that reason Y-STRs, unlike STRs, cannot be used
to identify an unknown individual in a DNA database.
Nevertheless, this method is still particularly useful in
cases where the amount of female DNA is overwhelming
in comparison to the amount of male DNA present.
This is often the case when a digital or oral assault has
occurred.
Scope of forensic DNA testing
The availability of DNA testing has dramatically changed
the way that crimes are investigated. DNA results can link
offenders to their crimes, exonerate wrongfully accused
individuals, identify mass fatality victims, and more.
However, DNA evidence alone cannot tell you that a
sexual assault has occurred. The results of a DNA analysis
may match a suspect, but this does not tell you when or
how the DNA was deposited. DNA results are considered
circumstantial, meaning that it infers another fact. For
example, if a semen stain is present on an item of the
victim’s clothing and the semen DNA profile matches the
suspect, it does not mean he is guilty of sexual assault.
The sex may have been consensual. Despite this, DNA
findings are valuable because they are typically not the
only evidence available in a criminal investigation. DNA
results serve as an investigative tool for detectives. If
the same suspect testified in court or told police that he
never met or had sex with the victim, it would give the
semen evidence more probative value; it should not be
there if the suspect was never in contact with the victim.
The results of DNA evidence are presented in court or
A. Burg, R. Kahn, and K. Welch
to the police and the meaning must be drawn by taking
into account other facts of the case. The DNA analysis
can only tell you if a person’s DNA is or is not present,
not if a crime was committed. The determination of guilt
is up to the trier of fact at trial.
When a DNA profile is revealed by testing a sample
from a sexual assault victim, it may be entered into
the Combined DNA Index System (CODIS). CODIS is
a national database of DNA profiles, a computer list
of millions of DNA test results. Within CODIS, there
are samples from convicted offenders, case evidence,
missing persons, unidentified remains, and other types
of samples. CODIS is owned and operated by the Federal
Bureau of Investigation (FBI), which keeps a sharp eye
on its use and operation. A laboratory must be approved
by the Federal Bureau of Investigation (FBI) to put
DNA test results into the CODIS system and to search
from matching DNA profiles already there. The FBI has
selected a set of 13 DNA markers, known as the CODIS
DNA loci, which all forensic DNA labs use. Think of the
13 DNA markers as simultaneous tests of 13 DNA sites
in a single vial. Since each lab conducts the same 13
tests, results are comparable between and among labs.
A convicted offender in Texas can be linked to DNA
test results from evidence tested in any other state. This
method of standardizing DNA testing allows the results to
be compared between labs across the United States. Pro-
vided that the evidence from which the DNA profile was
developed meets FBI criteria for eligibility, the profile is
entered into CODIS. DNA profiles from evidence samples
are compared to others within the state and throughout
the entire United States. This can be especially helpful
in cases where the suspect is unknown or is a repeat
offender because the DNA profiles entered into CODIS
will be compared to all convicted offender and case
evidence profiles in the database. This allows cases to be
linked to individuals or to other cases; the latter would
be a serial crime. Profiles may also be a match to cases
where the suspect has moved away from the original
crime location. If one of case has a known suspect and
another case does not, it can provide an investigative
lead linking the two cases that may have otherwise never
been found. The ability of a laboratory to enter profiles
into CODIS is important to keep in mind when choosing
a lab to analyze sexual assault evidence. If the DNA
laboratory that tests the evidence does not have CODIS
access, no CODIS matches can be made. Currently, only
public forensic DNA labs can enter DNA profiles into
CODIS. In some cases, private DNA labs have made ar-
rangements to have public labs enter profiles. The power
of CODIS to link perpetrators to unsolved crimes must
be kept in mind when selecting a forensic DNA testing
laboratory.
DNA testing of sexual assault evidence
DNA considerations during examination
Sample collection
Most states develop individual standards of practice for
sexual assault evidence collection. These protocols are
meant to improve victim services, promote coordination
among Sexual Assault Nurse Examiners (SANE)/Sexual
Assault Response Teams (SART), and enhance the
collection and preservation of forensic evidence. State
protocols typically take precedence over any other guide-
lines. Therefore, it is essential to be familiar with state
evidence collection protocols before proceeding with an
examination, to maintain a stock of the approved kits,
and to follow the instructions included. The manufac-
turers of sexual assault kits will assemble kits differently
depending on the protocols of each state they service.
However, do not be limited by the contents within the
kit. Collect any samples relevant to the crime regardless
of whether or not the kit contains envelopes or swabs for
them.
Documentation is a vital part of sexual assault evidence
collection. The SANE/SART nurse spends a significant
amount of time with the victim. During their interactions,
the nurse will obtain details about the assault before the
victim forgets them. Having as much information avail-
able as soon as possible permits the DNA analyst to make
the best decisions regarding analysis of the evidence
from the case. Knowing the general circumstances of the
case allows a better understanding of where to search
for evidence, how it should be collected, and how to
process and analyze the evidence. SANEs should not feel
restricted by the paperwork provided in a sexual assault
kit and should not shorten any details given by the victim
to conserve space. Any information that the complainant
can recall, even the smallest detail, may be helpful to the
analyst or the detective. As an example, if the victim says
that the suspect performed oral sex on her and the DNA
analyst does not find semen on her vaginal swabs the
analyst may send the swabs for DNA analysis to look for
the DNA from suspect’s saliva from an oral assault.
Semen evidence is of high value in a sexual assault
case because it is both simple to detect and an excellent
source of DNA. Examining the collected evidence for
semen is an established method in sexual assault cases
and all forensic laboratories will have specific protocols
to identify and analyze seminal fluid or stains. Semen
evidence is also valuable because methods exist that will
separate sperm cells from other cells, such as skin cells, in
a sample. This allows the analyst to distinguish the DNA
profile of the person who deposited the semen from the
DNA profile of the victim. The large number of sperm
cells in semen, numbering in the millions per milliliter,
makes it easy to obtain a sperm DNA profile, even from
147
DNA testing of sexual assault evidence
a very small semen stain. When collecting suspected
semen samples during a sexual assault examination, it
is important to keep in mind how seminal fluid changes
once it has left the body. Though it is initially a thick
liquid, semen liquefies quickly and becomes much less
viscous. Semen that was initially deposited in the victim’s
vagina can drain to the anal area and then onto bedding
or clothing that comes into contact with the victim’s
body. It is wise to consider that even though the victim
says that the assault was only vaginal, semen evidence
may be present elsewhere.
It is also very important to take into account that se-
men is not the only evidence of value in a sexual assault.
There are several instances where nonsemen evidence
may be the only DNA present from the suspect. These
include male perpetrators who have had a vasectomy,
have a low sperm count, did not ejaculate, or wore a
condom during the assault. Although semen may be
found in these cases, sperm cells are the component of
semen that carries the vast majority of the male’s DNA. In
males with vasectomies or low sperm counts, only semen
without sperm cells will be found, giving no DNA profile
or a very limited profile. Saliva is an abundant source of
DNA owing to mucosal epithelial cells from the mouth
and may provide a DNA profile sufficient for comparison
to a suspect or for entry into CODIS. When the suspect
is female, evidence from the victim will not be examined
for semen. But in many of these cases, the suspect has
kissed, licked, or touched the victim during the assault.
Even saliva left on the genitals can result in a DNA
profile from STR or Y-STR testing (in assaults with male
suspects). When the suspect has physically assaulted the
victim, skin cells or hair may have been deposited on
the victim. Even touch or other skin contact may leave
behind enough DNA to provide a DNA profile (Lowe,
Murray, Whitaker, Tully, & Gill, 2002). If the victim has
showered since the assault, it is important to collect the
clothing that was worn or put on after the assault because
it may contain DNA evidence and must be preserved
and examined. Nonsemen evidence is also significant in
cases of sexual assault against children when the offense
may not be reported until days or weeks after the fact.
For instance, a pubic hair found in a child’s underwear
could be matched to a suspect. The hair can be compared
microscopically to the suspect’s hair by examining fea-
tures such as color, thickness, medulla, cortex, and other
characteristics. STR and Y-STR DNA testing requires the
root of the hair. Another source for nonsemen evidence
is fingernail scrapings. If the victim has struggled with
the perpetrator, fingernail scrapings should be collected,
as DNA from the suspect’s skin or blood may be present.
All of these samples can help provide the clues needed
when no semen has been left behind.
148
A. Burg, R. Kahn, and K. Welch
Unknown DNA profiles obtained from evidence are
not always from the suspect and are not always from
a single person. It is important to be able to attribute
nonsuspect profiles to their source. It is also helpful to
remove nonsuspect profiles from a test result that is a
mixture of more than one person. This is why a known
reference sample from the complainant is important. The
samples collected as part of the sexual assault examina-
tion are from intimate areas on the complainant’s body.
Because of this, her or his DNA is typically present in the
samples when DNA tests are run in the laboratory and
will need to be compared to the results. Without a saliva
or blood sample to provide known DNA, a DNA profile
that belongs to the victim may be reported as coming
from an unknown source. This will only confuse the
results. Not being able to eliminate the complainant as a
DNA source may also make some DNA samples ineligible
for CODIS entry. Sexual assault kits routinely come
with the necessary packaging and instruction to collect
buccal (mouth) swabs and/or a known blood sample
from the complainant. If a kit is not collected due to the
circumstances of the case but other evidence, such as
clothing or bedding is, the known reference sample can
be collected by the doctor, the nurse, or by law enforce-
ment personnel. Two or more buccal swabs and/or a tube
of blood are sufficient for DNA testing. Buccal swabs are
easier to collect and less painful than a blood sample. In
the rare instance of a blood transfusion immediately pre-
ceding collection or if the victim has had a bone marrow
transplant, buccal swabs are preferred over blood samples
(Dauber et al. (2004). Blood may be a more appropriate
reference DNA sample in cases where the complainant
was orally assaulted due to the possible presence of sus-
pect DNA in the mouth. If buccal swabs are collected in
this type of case, be sure to collect the buccal swabs after
the oral swabs for testing are collected and the mouth is
rinsed.
In addition to the victim’s known sample, known sam-
ples should be collected from any consensual partners
who had sex with the victim within 72 hours of the
assault. This is to isolate suspect profiles from consensual
partners and to prevent entering DNA profiles of inno-
cent persons into CODIS. For sexual assaults of children,
known samples may be requested from those who com-
monly have contact with the child, such as the parent
or primary caregiver [unpublished observations]. With
elimination samples available, interpreting the results
is easier for the DNA analyst and reading the results is
easier for detectives. For example, the analyst will not
be reporting out a profile from the victim’s boyfriend as
an “unknown male” profile. This shows the true value of
the profile by not making it seem more important than
it really is. In a sexual assault case where a child was
A. Burg, R. Kahn, and K. Welch
conceived, saliva and/or blood samples can be collected
from the mother, child, and alleged father. As was men-
tioned earlier, each person inherits half of their DNA from
their mother and half from the father. This is the basis for
paternity testing. The profiles of the mother and alleged
father are compared to the child’s and it is determined
if the male is excluded or not excluded as a possible
parent.
Considerations for lab testing
Proper packaging of evidence is essential for DNA anal-
ysis. Moisture promotes the growth of microorganisms
such as bacteria and fungi that promote the degradation
of the DNA sample (Butler, 2010, pp. 82–83). Wet
samples should be air dried thoroughly before packaging
in paper or cardboard, never plastic. Unlike paper, plastic
containers prevent the sample from drying. Samples
submitted to a laboratory will only be accepted if the
evidence is properly sealed. Properly sealed evidence
cannot easily be removed from the packaging and any
signs of opening or tampering will be readily apparent.
This is normally accomplished by using tamper resistant
evidence tape that tears easily when an attempt is made
to remove it. The seal should be initialed and dated by the
individual who packaged the items. No holes or openings
should be present in the outermost packaging. A descrip-
tion of the items should be written on both the outer and
inner packaging. The name of the person that the sample
is collected from should be written on all containers as
well as where the sample was collected from. Knowing
the location of collection reveals the probative value of
the item and tells detectives where positive results were
obtained. Improper labeling may delay analysis of the
sample until the problem is corrected.
Another point to consider when collecting evidence
samples is the quantity necessary for DNA testing. Most
DNA testing is comprised of two separate analyses,
Serology and DNA. Forensic Serology is most commonly
defined as the examination of evidence in order to
identify biological fluids such as blood, semen, and saliva.
Serology testing serves to identify stained areas from
which DNA will be isolated and compared. A typical
Serology lab uses both presumptive and confirmatory
testing for evidence samples. A presumptive test, which
is normally done first, indicates the possible presence of
a substance and a confirmatory test, as the name implies,
verifies the presence of that substance. Presumptive tests
serve to narrow down areas on an item of evidence
that require confirmation. The use of presumptive tests
saves both money and time, because confirmatory tests
are often more time consuming, expensive, and often
consume more sample than presumptive tests. For a
DNA testing of sexual assault evidence
more detailed review of forensic biology, see Saferstein
(2006).
The serology portion of testing should use less than
one-quarter of the available sample. For DNA analysis,
only up to half of the total amount of sample should be
consumed in testing. During the DNA analysis process,
the DNA is initially removed from the cells and purified.
Next, specific markers on the DNA strand are copied mil-
lions of times—a process known as the polymerase chain
reaction. The process of repeatedly copying targeted
DNA markers produces enough material to determine
the DNA profile of the sample very quickly. See Butler
(2010) for a detailed presentation of the forensic DNA
testing process. Any number of circumstances during
this entire process can be cause for retesting, so it is wise
for the analyst to retain a portion of the sample. The
remaining half is kept available in case the defendants
request their own DNA analysis.
The usefulness of the DNA tests can be reduced
when limited amounts of DNA are recovered from a
sample. For example, with limited DNA, portions of
the test results might be absent, resulting in a partial
DNA profile. Partial profiles are less informative because
they are more common than full DNA profiles. The
goal is to optimize sample collection by being thorough.
When collecting swabs from a sexual assault victim,
2–4 swabs is a good number to obtain, depending on the
area from which the sample is collected. For example,
moist areas such as the mouth and vagina will have an
abundance of DNA for collection and many swabs can
be collected (Butler, 2010, p. 101). A dried stain on the
complainant’s skin, however, will have a limited amount
of DNA for collection (Anzai-Kanto et al., 2005). Making
all swabbings simultaneously will ensure that an equal
amount of DNA is deposited on each swab. If swabs are
collected sequentially, numbering them is recommended.
Clothing items are best examined in their entirety by
the laboratory rather than trying to pinpoint exact stains
during the sexual assault examination.
Victim narrative and probative value of samples
Documentation is an important part of the sexual assault
examination. Though it may be difficult for the assault
victim, obtaining details of the assault can help increase
efficiency in the laboratory. The victim’s narrative
provides additional information that can streamline the
overall DNA analysis process by revealing the probative
value of the samples submitted. For instance, if all of
the clothing the victim wore to the hospital is submitted
to the laboratory, but the victim says that the assault was
vaginal, the analyst can focus first on the clothing closest
to that area of the body, such as underwear and pants.
149
DNA testing of sexual assault evidence
Laboratories can use this information to determine the
significance of each item to the case and possibly shorten
the turnaround time by prioritizing analyses. Another
major benefit of listening carefully to the details that
the victim provides is that it will give the examiner an
idea of what associated evidence is most likely to provide
the suspect’s DNA. Associated evidence is evidence not
collected directly from the body of the victim such as
clothing, bedding, or condoms. Valuable details to obtain
during the examination include the time since assault,
possible injury to the assailant, postassault activities of
the victim, and the scene of the crime.
The time elapsed between the assault and the exam-
ination will have an impact on the amount of suspect
DNA available for collection. Though the victim may
not immediately come to the hospital for an exam, it
is still worthwhile to collect intimate evidence samples
because studies have shown that semen can last in the
body for 72 hours or more post coitus (Gingras et al.,
2009; Hall & Ballantyne, 2003). However, the probability
of obtaining a partial profile or no profile increases the
longer a victim waits to be examined. This is one reason
why knowing the victim’s consensual partners prior
to the assault is important; their semen may still be
present. With increasing intervals between the assault
and the examination, nonintimate associated evidence
becomes more important. In addition to drainage, the
vagina’s acidic pH and immunological responses meant
for infectious organisms will begin breaking down sperm
immediately (Suarez & Pacey, 2006), but stains present
on other materials such as clothing and bedding will not
be as affected if they are kept in a dry environment.
If the suspect was injured by the complainant during
the assault or had an open wound, this will affect the
way that the evidence is examined. Finding blood on
evidence from a sexual assault is not unexpected when
the crime is violent in nature or when a female is men-
struating. Some laboratories may not send blood samples
from complainant items for DNA testing at all if there is
no indication of a struggle. If the victim states that she
struggled with the suspect, it should be documented and
fingernail scrapings, as well as any associated evidence
with staining that may be blood, should be collected. This
way, the analyst is made aware that any blood present
may belong to the suspect and they can test for it.
In the best-case scenario, every victim would im-
mediately visit the hospital following a sexual assault.
However, this is not the case. In situations where the
examination is delayed, the postassault activity of the
victim can affect the quality and quantity of perpetra-
tor DNA. Showering, urinating, defecating, smoking,
and tooth brushing, among other things, can reduce
the amount of DNA present or remove it completely
150
A. Burg, R. Kahn, and K. Welch
(Saferstein, 2006). Associated evidence becomes impor-
tant again. For example, if the victim has urinated, but
is still wearing the same panties from the assault, they
should be collected because semen transfer may have
occurred. The intimate samples have a diminished pos-
sibility of giving results, but the fluids on the associated
evidence may have persisted. An exception to this would
be the sexual assault of children. Some have suggested
that evidence from an assault of a child should not be
collected if more than 24 hours have elapsed (Christian
et al., 2000). However, Y-STR typing has been successful
in these types of cases [unpublished observations]. This
is a major advantage of sending evidence to laboratories
that can perform Y-STR testing. The postassault collection
interval for children should be the same as the interval
for adults.
The location of the crime may make more associated
evidence available. If the assault took place in the victim’s
residence, items of evidence in the vicinity of the crime,
such as bed sheets, can be collected for testing. If this is
an area that the suspect should not have access to, the
evidence is more probative than if the crime occurred at
the suspect’s residence or in a “high traffic” location. In
more public sites, the DNA of many uninvolved people
could be present, complicating the interpretation of
the DNA analysis. If this type of evidence has not been
brought in by the victim, the information can be passed
on to law enforcement officials who have access to the
scene.
Choosing the right lab
In most circumstances, the police agency that the
SANE/SART are working with will submit the sexual
assault evidence to the laboratory that services their
jurisdiction. Should the nurse be given the choice, there
are several considerations to be made when choosing a
laboratory because there are differences in quality as well
as testing services provided between labs. The testing
capabilities, accreditation status, staff, turnaround time,
and backlog of a laboratory are factors to take into ac-
count when deciding where to send samples for analysis.
Keep in mind the balance of all of these qualifications for
each laboratory and how they relate to the needs of the
SANE/SART when choosing the best laboratory.
Testing capabilities
Not every laboratory tests samples in the same way. Each
facility utilizes tests that they have decided work best
for them and for their samples. Some laboratories may
skip the serology step entirely and send samples directly
A. Burg, R. Kahn, and K. Welch
to DNA analysis. Doing this uses less of the sample for
testing, but does not give the analyst any information
about what type of biological fluid the sample may
contain. In terms of DNA analysis, most laboratories
are testing the 13 core CODIS loci. Differences start to
appear when looking at available testing besides the
standard STR tests and the instruments that a laboratory
has available. Y-STR tests are an emerging technique and
are not run by all laboratories. The availability of Y-STR
testing is important to consider for those situations when
the female DNA may overwhelm the male. Instruments
exist that can test anywhere from four to 96 samples at
one time. The more tests that can be run simultaneously,
the faster a laboratory can finish cases. When selecting
a laboratory, the submitting agency should find out the
types of tests each laboratory performs and how this
matches up with their needs. The SANE/SART must
determine how thorough the testing needs to be and the
variety of analyses they want available for the types of
samples to be submitted.
Accreditation
It does not matter how many different tests a forensic lab-
oratory has at its disposal if it cannot perform them with
assured quality. If competence could be proven in an offi-
cial way, it would make selecting a competent laboratory
simpler. Accreditation is a formal means of demonstrat-
ing that a laboratory’s management, staff, quality system,
operational and technical procedures, equipment and
physical facilities meet national and international quality
standards. There are several agencies that accredit a
forensic laboratory upon completion of a very detailed
inspection. The American Society of Crime Lab Directors
Laboratory Accreditation Board (ASCLD/LAB) and
Forensic Quality Services are the primary accrediting
bodies in the United States and they comply with the
International Organization for Standardization (ISO)
guidelines (Federal Bureau of Investigation, 2010). ISO
guidelines incorporate both international and national
quality standards for forensic science. ISO accredita-
tion requires strict adherence to a quality program,
therefore any laboratory that obtains it has shown that
they conform to the standards. Several states mandate
accreditation including Oklahoma, New York, and Texas.
The Texas Department of Public Safety (TXDPS) will
issue accreditation upon completion of ASCLD/LAB
accreditation. The TXDPS accreditation is required for
laboratories in Texas whose analysts testify in criminal
cases. It is essential to choose a laboratory that is ac-
credited by a professional organization to ensure that
the evidence is processed with a confirmed standard of
quality.
DNA testing of sexual assault evidence
Laboratory staff
The caliber of the staff in a laboratory is also something
to consider when determining where to send evidence.
The FBI has developed standards that detail mandatory
requirements for forensic laboratory personnel. The min-
imum education for a DNA analyst is a Bachelor’s degree
in a forensic-, chemistry-, or biology-related major with
specific courses related to DNA testing and 6 months
of experience in the forensic DNA laboratory (Federal
Bureau of Investigation, 2010). Many DNA analysts have
graduate degrees as well. This ensures that the analyst
has the proper background knowledge of DNA as well as
a hands-on familiarity with all types of samples and tests.
DNA analysts must also have a minimum of 8 hours of
continuing education each year and must keep current
with scientific literature in their field. Some examples
of continuing education include DNA-related lectures
and coursework as well as attendance at scientific con-
ferences. Attendance must be documented and checked
during an external audit. An external audit is a quality
assessment performed by certified individuals who do
not work in the lab being audited. Analysts may also
obtain voluntary certification from the American Board
of Criminalistics (ABC). This personal certification is not
yet a requirement, but it provides a DNA analyst with
recognition of professional competence via a national
standardized examination. A good forensics lab will have
a staff that is highly educated, with many holding ABC
certification.
Turnaround time/backlog
Many law enforcement agencies have realized the power
of DNA testing, making it a vital part of many criminal
investigations. As a result, laboratories are receiving in-
creasing amounts of evidence for processing, but many do
not have similarly increasing budgets for new equipment
and the additional personnel necessary to quickly analyze
all cases. The availability of staff and instrumentation and
the laboratory’s backlog of cases are determining factors
in the turnaround time for a case. Turnaround time is
generally defined as the time it takes a laboratory to
complete a case: from the date it is submitted to the date
a report of the DNA results is released. This can be weeks,
months, or even years. A backlog occurs when cases
cannot be processed as soon as they are submitted and
start to accumulate. Most forensic labs have some level of
backlog of cases. When researching laboratories, find out
what their average turnaround time for a case is. Some
fee-for-service labs offer expedited processing for an
additional charge. The submitter must decide on the right
balance of turnaround time versus price for their needs.
151
 DNA testing of sexual assault evidence
Summary
Victim examination and evidence collection, when
done properly, is an important part of solving sexual
assaults. DNA testing of those samples may provide new
information to detectives that can move an investiga-
tion forward. An understanding of the advantages and
limitations of DNA analysis, the technologies available,
and the amount of sample needed for testing will guide
SANEs in their decisions of what evidence to collect. A
detailed victim narrative aids the analyst in determining
the probative value of the evidence. Proper evidence
collection and quality laboratory services will ensure that
the full value of DNA testing is realized.
Acknowledgments
We would like to thank Rhonda Williams, Ph.D., Ashraf
Mozayani, D.Pharm, Ph.D., and the Harris County
Institute of Forensic Sciences for their assistance.
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