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Sexual assault is a crime of violence. Unfortu- ABSTRACT Sexual assault, a crime of violence and control, nately, this crime continues to prevail in the is prevalent in the United States. Most of the victims are United States and other countries. The victims female and the assailants male. The crime usually is usually are children and women, and the unwitnessed and, unfortunately, the majority of the assailants assailants are most often men. Most cases of sex- ual assault, especially in adult victims, involve are never prosecuted. The number one reason for lack of penile penetration into the vagina, rectum, or prosecution is lack of demonstrative evidence. The most mouth. Vaginal penetration occurs in approxi- crucial evidence in court is that of the laboratory, used to mately 90% of cases, and oral penetration in prove or disprove the presence of semen. As clinical laboratory approximately 20%.1>2 professionals, we bear great responsibility in the handling and After an alleged assault, an experienced exam- interpretation of this evidence. With the discovery of better iner should conduct a physical examination. This is the prime opportunity for documentation of staining techniques, chemical analyses, and molecular injuries and collection of laboratory evidence. pathology, we are now able to bring the laboratory into the One must keep in mind that the lack of physical courtroom and use our knowledge to bring positive proof injuries does not rule out an assault. In previous against the assailant. We are obligated to the victim and theIDC0 reports, only 20% to 45% of victims ever show community to properly use this knowledge to document, "M 0 evidence of bodily injuries.3'4 Furthermore, the process, and interpret the evidence to the best of our ability. ac act of sexual assault usually is unwitnessed; there- 3 fore, the victim's claim of assault needs the sup- This is the first in a three-part continuing education series on forensic pathology. At £ port of corroborating laboratory evidence. the end of the series, the reader will be able to describe the traditional as well as E o new molecular pathology techniques used in detecting sexual assault; describe 0 Because this evidence is often lacking or misinter- u techniques used to recover, examine, and identify skeletal remains; and describe preted, the rate of prosecution of assailants is low.5 DNA techniques used in the forensic pathology laboratory. The other scenario of which we must be equally aware is that of an innocent individual From the accused of sexual assault. Our laboratory evi- Semen Department of dence also may be crucial in exonerating falsely Semen, or ejaculate, is the crucial evidence sought Pathology and Laboratory accused individuals. As pathologists, medical in cases of sexual assault. Normal semen is light Medicine, Forensic technologists, and medical laboratory techni- gray to white and has an odor similar to sodium Section, Medical ! cians, we enter the realm of sexual assault with a hypochlorite (bleach). Semen actually is com- University of South definite challenge to examine four areas: posed of various constituents. Sixty percent of its Carolina, volume originates from the seminal vesicles and Charleston. 1. Can we prove sexual contact occurred? 20% from the prostate. The spermatozoa com- Reprint requests to 2. When did the assault occur? prise 5% of the volume.6 The remaining 15% is Dr Collins, 3. How can we best process and document our Department of composed of secretions from glands such as the evidence? Pathology and bulbourethral and urethral glands. Because vari- Laboratory 4. Who is the assailant? ous glands produce the ejaculate and it passes Medicine, Forensic In order to address these areas, a knowledge of through ducts and moves along its course Section, Medical University of South semen, spermatozoa, and the physical examina- through the urethra during ejaculation, it also Carolina, 171 Ashley tion and collection of laboratory evidence is Ave, Charleston, SC needed [see Table for a list of laboratory tests and 29425. specimens used]. Downloaded from https://academic.oup.com/labmed/article-abstract/29/6/361/2504017 by guest on 28 May 2018 JUNE 1998 VOLUME 29, NUMBER 6 LABORATORY MEDICINE Specimens and Laboratory Procedures Used in Obtaining Evidence of Sexual Assault
Specimens* (semen). Even in an individual who has undergone
Anorectal swab/smear a vasectomy, spermatozoa will be absent, but the Cervicovaginal swab/smear acid phosphatase level will be elevated in the Control specimen of blood in EDTA (from the victim) semen specimen from the victim's vagina, mouth, Control specimen of saliva (from the victim) or anorectal area. Acid phosphatase levels in the Extragenital semen residue vagina and cervicovaginal area have been shown to Hair and fibers decrease rapidly over time following coitus, how- Nail scrapings and clippings ever.3'7'8 The enzyme level will remain elevated for Oral swab/smear approximately 8 hours and then begin to decrease Swab/smears from locations that fluoresce to light from a with time. Most investigators agree that the level of Wood's lamp acid phosphatase will not be elevated 36 to 48
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Procedures* hours after coitus.7 The level of acid phosphatase "Christmas tree" (nuclear fast red-picroindigocarmine) stain remains elevated longer in dried secretions on the DNA fingerprinting using Southern blot analysis extragenital areas, bedding, or clothing. As investi- Extragenital semen residue analysis gators, we must be accurate with the analysis of Fluorescence in situ hybridization (FISH) studies for nonsperm this enzyme level because the level will aid in con- male cells, eg, epithelial cells or inflammatory cells firming the victim's statement regarding the time Hair and clothing fiber analysis of the assault. Papanicolaou stain Another substance whose analysis has recently Polymerase chain reaction to amplify DNA become more sensitive is the p30 glycoprotein.9'10 Prostatic acid phosphatase analysis This glycoprotein is a prostatic antigen found in p30 glycoprotein analysis the semen, even in vasectomized men. Saline wet mount (no stain) in the emergency department (to Spermatozoa detect motile spermatozoa) The spermatozoa are positive proof of sexual con- *ln alphabetical order. tact, and their presence is strong evidence for the contains epithelial and possible inflammatory prosecution of any sexual assault case. Dutch cells. The normal volume of a single ejaculation is microscopist Anton van Leeuwenhoek first 1.5 to 5.0 mL and contains 60 to 200 million sper- described spermatozoa, a free-swimming cell, in matozoa per mL.6 Semen also is rich in fructose, a the 17th century. The basic structure is composed sugar that provides the energy for the spermato- of a head, neck, midpiece, and tail. The head is zoa. The normal pH of semen is 7.0 to 8.3. When approximately 4 to 5 u-m (length) X 2 to 3 u,m semen mixes with the acid environment of the (width) and has an anterior acrosome that con- vagina, the pH decreases toward the pH for opti- tains enzymes needed to penetrate the ovum dur- mum sperm motility, 6 to 6.5. ing fertilization (Fig 1). The head is packed with The first fraction of the ejaculate is rich in DNA, which determines its staining characteris- sperm. As mentioned, the prostate provides a sig- tics.11 The head is connected by a neck to a mid- nificant volume to the ejaculate. The prostatic piece (7-8 u-m in length) and a tail (50-55 u,m in emission contains acid phosphatase and spermine length). Spermatogenesis occurs in the testes, sper- phosphate. Since 1945, prostatic acid phosphatase matozoa are stored in the epididymis, and then has proven extremely useful in the evaluation of carried via the vas deferens to the urethra during alleged sexual assault. An elevated level is a specific ejaculation. _ . ' indication of recent intercourse and ejaculation Spermatozoa are extremely motile and this ; spermatozoon. motility can be observed if the specimen is col- lected soon after ejaculation. In reported studies, Head Nucleus only 50% of the smears will have motile sperm after 3 hours.7'12 Generally, motile spermatozoa are not found in cervicovaginal smears after 12 hours. Spermatozoa are sensitive to the environment and begin to degenerate within hours after ejacu- lation. The first obvious sign of degeneration is loss of the tail. This loss occurs after approximately 16 hours. Nonmotile spermatozoa and spermato- zoan heads can be detected in cervicovaginal Downloaded from https://academic.oup.com/labmed/article-abstract/29/6/361/2504017 by guest on 28 May 2018 LABORATORY MEDICINE VOLUME 29, NUMBER 6 JUNE 1998 smears days after intercourse; with time, however, andfibers;and clothing from the victim or bedding the positive recovery rate is low. After 72 hours, that could prove as evidence. Although some labo- only 50% of cervicovaginal smears of sexual ratories favor aspirated specimens, we prefer sterile assault victims will have spermatozoa present.7 cotton swabs to collect the specimens. Swabs taken Spermatozoa rarely are found in cervicovaginal from the vaginal, anorectal, or oral areas are trans- smears after 10 days.13,14 In the rectum, spermato- ferred (smeared) onto separate glass slides. All zoa seem to lose their tails more quickly, after 6 smears should be spread as thinly as possible, espe- hours.15 Successful recovery of spermatozoa in the cially anorectal smears. Simultaneous swabs rectum can occur up to 24 hours after ejaculation should be taken and air-dried for prostatic acid and has been reported up to 65 hours.16 These phosphatase analysis and DNA fingerprinting if positive findings are usually only the spermato- needed. Swabs should be kept out of direct sun-
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any positive finding should be documented clearly.
The use of borderline terminology such as "suspi- cious for" or "could be" or "possibly" should be avoided at all times. • . v • * *
Molecular Pathology and Sexual
Assault In alleged sexual assault cases, the absence of the aforementioned sexual assault evidence does not disprove the victim's claim, but does leave the vic- tim without laboratory support for the allegation.
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« A lack of laboratory evidence—that is, spermato- zoa are not detected and acid phosphatase level is not elevated—does not mean the assault never took place and is not necessarily due to an error in the collection, processing, or interpretation of the •
specimens. The assailant may be oligospermic,
Fig 2. Cervical smear from a sexual the emergency department examination. A drop of azospermic, have had a previous vasectomy, have assault victim. sterile saline is placed in the center of a clean slide. been sexually dysfunctional during the assault, or Spermatozoa exhibit A specimen swab is mixed with the saline to create withdrew before ejaculation. New advances in intact tails, a suspension on the slide. A coverslip is placed over pathology and laboratory medicine have opened indicating that the sample. Some observers prefer to "rim" the doors for the alternative demonstration of positive ejaculation occurred within 16 hours of edges of the coverslip with petroleum jelly to keep evidence indicative of sexual assault. Two recent the microscopic the suspension in place. Some investigators first techniques are fluorescence in situ hybridization 21 24 26 31 examination. smear the specimen on the slide before adding a (FISH) and DNA fingerprinting. - ' - These Bacteria, squamous drop of sterile saline to the slide. I have found no two areas have taken us into a realm of science and cells, and inflammatory cells reference as to which method yields the best technology that we never dreamed possible. are seen in the results. No stain is used with the wet mount; only FISH is a highly sensitive and highly specific background (X600, the refraction of the light at the proper plane of procedure that uses a DNA probe specific for a Papanicolaou). focus is necessary for the trained observer. Most chromosome or chromosome region. The probe observers begin on low power, find the proper is labeled with a nonradioactive fluorescent mol- plane, and advance to X400 magnification. Turn- ecule and hybridized to the homologous region ing the light source down often helps define the in cell DNA.26'27 Studies using FISH and motile and nonmotile spermatozoa. Y-chromosome-specific DNA probes have iden- The glass slides from various body sites then are tified nonsperm male cells even when acid phos- stained in the pathology laboratory. Various stain- phatase levels are not elevated and no sperm are ing methods have been employed, however, the present.26'27 The assailant's epithelial cells and/or most widely used is the Papanicolaou stain. The inflammatory cells originating from the penis Pap stain was first used to identify spermatozoa in and genital tract, cells from the hand, or cells 1964 and since this time has been successfully used from the mouth may be identified in smears from to detect intact spermatozoa and spermatozoan the victim. This is especially important in cases of heads in smears from sexual assault cases.11 With child sexual assault when the assault is digital or the Pap stain, the head is blue-purple and the tail is oral in nature. Even without the presence of sper- blue-black (Fig 2). One can easily scan a slide at matozoa and an elevated acid phosphatase level, X100 and confirm positive findings at X400. we can prove that contact has occurred. Many crime laboratories use the "Christmas tree" In the 1980s, Alec Jeffreys opened the doors of stain, or nuclear fast red-picroindigocarmine DNA applications in law enforcement.21,24'28'29 The stain.9,25 With this stain, the head is red and the tail DNA double-helix ladder can be cut with restric- is yellow-green.9,25 Again, spermatozoa can be tion enzymes, thefragmentsanalyzed by the South- detected at X100 and confirmed at X400. The ern blot using electrophoresis, and the ladder "Christmas tree" stain is especially helpful when fragments "unzipped" by denaturation.24 The frag- analyzing anorectal smears due to the dense fecal ments are blotted onto a membrane and single- material. Regardless of the staining method used, strand DNA probes are added. The complementary sites bind, or hybridize, and the membrane is exposed to X-rayfilm.When the film is developed, Downloaded from https://academic.oup.com/labmed/article-abstract/29/6/361/2504017 by guest on 28 May 2018 LABORATORY MEDICINE VOLUME 29, NUMBER 6 JUNE 1998 we see dark bands showing the location of the 3. Dahlke MB, Cooke C, Cunnane M, et al. Identification of radioactive probes. The appearance is like a bar- semen in 500 patients seen because of rape. Am J Clin Pathol. 1977;68:740-746. code, and this is our fingerprint. Next, we look for 4. Soules MR, Stewart SK, Brown KM, et al. The spectrum of bands from the known sample to match with bands alleged rape. / Reprod Med. 1978;20:33-39. from the evidence. For example, we can compare 5. Tucker S, Claire E, Ledray LE, et al. Sexual assault evidence collection. WisMedJ. 1990;89:407^411. the bands from the suspect assailant's DNA with 6. Adelman MM, Cahill EM. Atlas of Sperm Morphology. the bands from a vaginal swab (evidence). We take Chicago, 111: ASCP Press; 1989:2-17. into account that the female victim's DNA also will 7. Soules MR, Pollard AA, Brown KM, et al. The forensic lab- oratory evaluation of evidence in alleged rape. Am J Obstet Gyn. appear as bands from the vaginal swab. Because 1978;130:142-147. interpretation can be difficult, the entire process is 8. Heger A, Emans SJ. Evaluation of the Sexually Abused Child. repeated; in most cases, three to five different New York, NY: Oxford University Press; 1992:51-60.
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9. Gabby T, Winkleby MA, Boyce T, et al. Sexual abuse of chil- probes are eventually used.24 dren: the detection of semen on skin. Am ] Dis Child. Problems can arise if not enough evidentiary 1992;146:700-703. DNA is present for the performance of a Southern 10. Kamenev L, Leclercq M, Francois-Gerard C. Detection of p30 antigen in sexual assault case material. / Forensic Sci Soc. blot. The technique of polymerase chain reaction, 1990;30:193-200. or PCR, was developed and perfected to amplify the 11. Collins KA, Geisinger KR. The role of the cytology labora- DNA.22,24 PCR amplifies the DNA by replication. tory in sexual assault. In: Schmidt WA. ASCP Reviews in Pathol- ogy, Cytopathology. Chicago, 111: American Society of Clinical The enzyme used to replicate the DNA is a poly- Pathologists;1996:8;103-114. merase. PCR can make millions of copies of a sin- 12. Pinto FC. Rape. / Forensic Med. 1959;6:147. gle-cell DNA, enough DNA with which to perform 13. Morrison AJ. Presence of spermatozoa in the vagina and cervix. Br J Vener Dis. 1972;48:141-143. a Southern blot. We therefore can match a single 14. Silverman EM, Silverman AG. Presence of spermatozoa in hair root, a small drop of blood or semen, or skin cervicovaginal smears from young and old women. Exp Aging cells found under a victim'sfingernailsto a suspect Res. 1979;2:155-159. 15. Willott GM, Allard JE. Spermatozoa—their persistence assailant. The potential that molecular pathology after sexual intercourse. Forensic Sa Int. 1982;19:135-154. has in the world of forensics is almost limitless. 16. Sharpe N. The significance of spermatozoa in victims of Now, not only can we prove that male cells are pre- sexual assault. Can Med Assoc J. 1964;89:513-514. 17. Enos WF, Beyer JC. Spermatozoa in the anal canal and rec- sent, but also we can examine the DNA in these tum and in the oral cavity of female rape victims. / Forensic Sci. cells and match them to an individual. No longer 1978;23:231-233. do we rely only on the presence of spermatozoa and 18. Enos WF, Beyer JC. Treatment of rape victims. / Forensic Sci. 1977;22:3^. elevated acid phosphatase levels. 19. Ludwig S, Kornberg AE. Child Abuse: A Medical Reference. New York, NY: Churchill Livingstone; 1992:275-278. Conclusion 20. Pilant L. DNA: Applications in law enforcement. Science and Technology. June 1993:1-6. Sexual assault is a crime of violence and control. It 21. Gill P, Jeffreys AJ, Werrett DJ. Forensic application of DNA is a crime that is prevalent not only in the United 'fingerprints.' Nature. 1985;318:577-579. States, but in many other countries as well. Sexual 22. Gyllensten UB, Josefsson A, Schemschat K, et al. DNA typ- ing of forensic material with mixed genotypes using allele-spe- assault affects both sexes, all races, all ages, and all cific enzymatic amplification (polymerase chain reaction). socioeconomic groups. Because the crime usually is Forensic Sci Int. 1992;52:149-160. unwitnessed, the case often becomes one of hearsay 23. Gettinby G, Peterson M, Watson N. Statistical interpreta- tion of DNA evidence. / Forensic Sci Soc. 1993;33:212-217. and testimonies, without demonstrative evidence 24. Jeffreys AJ. DNA typing: approaches and applications. / supporting either side. The pathology laboratory, Forensic Sci Soc. 1993;33:204-211. with its new techniques and skilled observers, is at 25. Oppitz E. Eine neue farbmethodezum nachweis der sper- mien bei sittlichkeitsdelikten. Arch Kriminol. 1969;144:145-148. the forefront of the sexual assault investigation. We 26. Collins KA, Rao PN, Hayworth R, et al. Identification of gather, document, process, and interpret the evi- sperm and nonsperm male cells in cervicovaginal smears using dence. The responsibility of sexual assault prosecu- fluorescence in situ hybridization: applications in sexual assault cases. {Forensic Sci. 1994;39:1347-1355. tion is great and lies in our laboratories. We have 27. Rao PN, Collins KA, Geisinger KR, et al. Identification of become the ones best qualified, and law enforce- male epithelial cells in postcoital cervicovaginal smears using ment relies on our expertise. Now we can critically fluorescence in situ hybridization: application in sexual assault and molestation. Am J Clin Pathol. 1995;104:32-35. examine laboratory evidence using both sensitive 28. Jeffreys AJ, Wilson V, Thein SL. Hypervariable "mini-satel- and specific techniques and answer questions con- lite" regions in human DNA. Nature. 1985;314:67-73. cerning a sexual assault case.® 29. Jeffreys AJ, Wilson V, Thein SL. Individual-specific "finger- prints" of human DNA. Nature. 1985;314: 76-79. 30. Chakroborty R, Kidd KK. The utility of DNA typing in References forensic work. Science. 1991;254:1735-1739. 1. Tipple AL, Julian TM. Sexual assault: the problem and its 31. Gill P, Lygo JE, Fowler SJ, et al. An evaluation of DNA fin- management. Minn Med. 1984;67:433-436. gerprinting for forensic purposes. Electrophoresis. 1987;8:38-44. 2. Willott GM, Crosse MA. The detection of spermatozoa in the mouth. / Forensic Sci Soc. 1986;26:125-128. Downloaded from https://academic.oup.com/labmed/article-abstract/29/6/361/2504017 by guest on 28 May 2018 JUNE 1998 VOLUME 29. NUMBER 6 LABORATO