The Role of a Rape Kit in Sex Crime Prosecutions

 Posted on February 24, 2025 in Sex Crimes

When someone goes to a hospital in Illinois and says that he or she has been raped in the last several days, the patient will be offered a sexual assault examination, commonly called a rape kit. A specially trained nurse known as a Sexual Assault Nurse Examiner (SANE) may be called in to help collect evidence while another nurse takes care of the patient’s medical needs. This evidence may or may not be turned over to law enforcement, depending on whether the patient is willing to talk to the police and press charges. If someone has accused you of sexual assault, learning that he or she had a rape kit done can make you feel nervous. However, even if the rape kit shows that you undoubtedly had sexual contact with the alleged victim, this is not enough to prove that you are guilty of rape. The state will also have to prove that the sexual contact was nonconsensual.

It is best to contact an aggressive Lake County, IL sex crimes attorney immediately when you find out about the allegations, even if you have not been arrested yet. There is sometimes a delay of several weeks between the day a rape kit is taken and the day the defendant is arrested.

A Positive Rape Kit Can Indicate Consensual Sex

Say you and your longtime girlfriend have consensual sex one evening. If a rape kit were performed on her the next day, it would appear "positive." Your DNA would almost certainly be found on a vaginal swab, indicating that you had penetrative intercourse. However, this fact alone does not show whether the sexual contact was consensual or nonconsensual. Much more evidence is needed.

Rape Kits Look For Injuries 

SANEs are trained to look for injuries that might suggest force was used against their patients. Injuries may be as readily apparent as severe bruising or as subtle as light vaginal tearing that can only be detected upon a pelvic examination. If the alleged victim has additional injuries, the court may be more likely to believe that he or she did not consent to sexual contact with the defendant.

This can be problematic for people who engage in consensual rough sex or BDSM practices. It is not always possible to tell the difference between injuries caused by consensual rough sex and those caused by forcible rape. In these cases, a rape kit might not be as dispositive as the state would hope.

Contact a Lake County, IL Sexual Assault Attorney

Scott F. Anderson, Attorney at Law provides the best possible criminal defense services to all clients, regardless of the charges they are facing. Experienced Rolling Meadows, IL sex crimes lawyer Scott Anderson will advocate aggressively on your behalf. Contact us at 847-253-3400 for a complimentary consultation.