All victims of sexual assault have a right under Michigan law to have a medical forensic examination and evidence kit collected up to five days after the assault.
The exam includes a medical history and a general medical exam. It may include an oral, anal, and/or genital exam, depending on what happened during the assault. Any lab tests you need will be done. Any medications or pharmacy items that you need will be provided as part of the exam, including emergency contraception and testing and treatment for sexually transmitted infections.
Evidence (such as saliva, bite marks, and bodily fluids) can be collected during the exam. This is done using a “sexual assault evidence kit,” sometimes called a rape kit. A sexual assault evidence kit is a box that contains swabs, envelopes, instructions and forms. If you agree, the doctor or nurse will use the kit during the exam to collect possible DNA evidence. DNA evidence can be found in semen, saliva, hair, or blood that may be on your body or on items like clothing. This evidence may be used in the criminal investigation and prosecution.
You can stop, pause, or skip a step at any time during the exam.
If you can, avoid showering, bathing, using the restroom or changing your clothes. However, it is natural to want to do these things after a traumatic experience. If you have done any of these activities, you can still have the exam and have evidence collected. You may want to bring a spare change of clothes with you to the hospital or healthcare facility where you’re going to have the exam because the clothing you wore during or immediately after the assault may be kept as evidence.
The exam may take a few hours but can vary based on the facility and your individual circumstances.
A typical examination includes several steps: (1) You will get treatment for any injuries that need immediate attention. (2) You will be asked questions about your medical history and to tell what you are able to remember about the assault. (3) The healthcare provider will give you a head-to-toe physical examination. Depending on the assault, the exam may include an exam of the mouth, vagina and or anus. If you agree, the doctor or nurse will also collect possible DNA evidence using a sexual assault examination kit. You can stop, pause, or skip a step at any time during the exam.
Most examiners will offer some form of emergency contraception if there is a risk of pregnancy. Your healthcare examiner can best answer questions and talk about what options are right for you. Michigan also has low or no-cost family planning clinics that offer pregnancy testing and contraception.
If you believe you were drugged, inform the healthcare professional providing the medical forensic examination. Blood or urine tests may detect the drug in your system. Testing should be done as soon as possible, as some drugs can only be detected within 12 hours of the substance entering your body. A police report is required for testing of these drugs to be conducted.
No. Michigan law says that you should not be billed for the direct costs of the sexual assault medical forensic exam. MCL 18.355a. Your insurance can be billed, but you should not be required to make a co-pay. If you have privacy concerns, your insurance cannot be billed and a state program called SAFE Response will reimburse the healthcare provider for the examination and evidence collection. If you have been billed for a forensic medical examination, call SAFE Response at (517) 335-7233.
Yes. There is value in having a sexual assault forensic examination performed, regardless of whether or not you know the perpetrator or perpetrators. DNA evidence collected during the examination can play an important role in the case against the perpetrator.
Many people and the media use the term “rape kit” to refer to the box of supplies used for forensic evidence collection. The kit is a box that contains swabs, envelopes, instructions and forms. If you agree, the doctor or nurse will use the kit during the exam to collect possible DNA evidence.
DNA evidence is biological evidence that can identify a person. DNA is contained in all a person’s cells. Perpetrator’s leave DNA on a victim’s body during an assault. DNA is most typically gathered from bodily fluids, such as semen, blood, saliva, or hair left on the victim’s body or clothing.
Michigan law gives most victims two options. You can release the kit to the police for forensic testing or you can have the healthcare provider store the kit so you can release it at a later date if you choose. MCL 752.933. If you release the kit, the police will likely contact you to make a police report. It is always your choice about whether to talk to the police. There may be specific circumstances such as child sexual abuse where police will take and test the kit without victim release.
Yes. If a you have released the kit to police, the police are required to send the kit to a crime lab for testing within a certain period of time, typically two weeks. A crime lab has 90 days to test the evidence. This can take longer if the process involves more than one police agency or the lab has limited resources. MCL 752.934.
The healthcare care provider is required to store unreleased kits for one year. MCL 752.933. This is done so that you have more time to decide about releasing the kit to police for testing. If you release the kit, the police will likely contact you to make a police report. It is always your choice about whether to talk to the police. There may be specific circumstances, such as child sexual abuse where police will take and test the kit without the victim’s permission.
No, but in some circumstances the healthcare provider may notify the police. Michigan law requires hospitals to provide a medical forensic examination to any person that says they have been sexually assaulted in the last five days. MCL 333.21527. Victims cannot be required to make a police report or participate in a criminal investigation to have an examination and evidence collected. MCL 18.555a(10). However, the healthcare provider may be required to tell the police about a victim being treated for sexual assault, depending on the circumstances. When this happens, the victim still has the choice about whether to talk to police.
