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Victim Rights to Evidence Kit Testing Information
Victim Rights to Evidence Kit Testing Information
Under Michigan law, a sexual assault victim has the right to know:
- When the Sexual Assault Evidence Kit was delivered to a crime lab for testing
- Whether a DNA profile (DNA evidence) was obtained from the Sexual Assault Evidence Kit
- Whether a DNA profile was entered into CODIS (a case evidence database)
- Whether a DNA profile resulted in a CODIS hit
The police agency investigating the sexual assault is required to provide this information to the victim, if available. However, in some circumstances, the police agency may wait to share it if providing the information would somehow hurt the investigation. MCL 752.956.
FREQUENTLY ASKED QUESTIONS
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Does a victim have to pay to have a sexual assault evidence kit collected or tested?
- does victim pay for kit
No. It is against the law to require a victim to pay for the cost of collecting or testing evidence in a kit. MCL 18.355a.
- does victim pay for kit
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Where does the kit go after collection?
- where does kit go
If the victim gives permission and signs a form to release the kit, it will be given to the police. Police then deliver the kit to a crime lab for testing. If the victim does not want to release the kit, the healthcare provider must store it for one year. In most cases, a kit stored by a healthcare provider cannot be given to police or tested unless the victim later decides to release it. MCL 752.933. There may be specific circumstances, such as child sexual abuse where police will take and test the kit without the victim’s permission.
- where does kit go
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Are all released kits sent to a crime lab for testing?
- are all kits sent to crime lab
Yes. If a victim has 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.
- are all kits sent to crime lab
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What happens to unreleased evidence kits?
- what happens to unreleased kits
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 victim release.
- what happens to unreleased kits
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What will the crime lab test for?
- what will lab test for
A scientist will test the samples collected in the kit for DNA evidence. If there is enough DNA in the sample, a DNA profile is developed. A DNA profile is like a fingerprint that can help identify a suspect. In some cases, a DNA profile may also identify the DNA of a consensual sexual partner.
- what will lab test for
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What is DNA evidence?
- what is dna evidence
DNA evidence is biological evidence that can identify a person. DNA is contained in every person’s cells. Perpetrators sometimes 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.
- what is dna evidence
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What if there is no DNA evidence found in the kit?
- what if no dna
Lack of DNA evidence does not mean that the sexual assault didn’t happen. There are many reasons why DNA may not be present. As one example, the perpetrator may not have left any DNA or the perpetrator may have left too little DNA to create a profile.
DNA evidence is not always necessary for a sexual assault conviction. DNA is only one piece of evidence in an investigation. Other types of evidence include victim and witness statements, pictures of injuries, phone records, and other physical evidence.
- what if no dna
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What if there is DNA evidence found in the kit?
- what if dna found
If a crime lab detects enough DNA evidence, it will develop a DNA profile (DNA fingerprint) and enter that DNA profile into a national database called CODIS. A victim has the right to ask if a DNA profile was entered into CODIS.
- what if dna found
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What is CODIS?
- what is CODIS
If a crime lab detects enough DNA evidence, it will develop a DNA profile (DNA fingerprint) and enter that DNA profile into a national database called CODIS. A victim has the right to ask if a DNA profile was entered into CODIS.
- what is CODIS
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What is a 'hit' in CODIS?
- vwhat is a hit CODIS
When a DNA profile is put in CODIS it is compared to offender profiles that are already in CODIS. When a DNA profile is linked to an offender or a different crime scene it is called a ‘hit.’ There are two types of hits: (1) a ‘hit’ to an identified offender; or (2) a ‘hit’ to a DNA profile developed from crime scene evidence where the offender is still unknown.
A ‘hit’ in CODIS does not necessarily mean that the case is solved or that the case will automatically go to trial. DNA is only one piece of evidence in an investigation. If the offender’s name is unknown, a ‘hit’ that leads to an offender identity can be very important. Other times, a ‘hit’ can add to existing evidence and build a stronger case by identifying a serial offender.
- vwhat is a hit CODIS
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Does a victim's DNA go into CODIS?
- does victim's dna go CODIS
No. The CODIS database is made up of DNA profiles from individuals convicted of or, in some states, arrested for particular crimes. It also includes DNA profiles of possible perpetrators from crime scene evidence.
- does victim's dna go CODIS
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What about the DNA profile of a consensual sexual partner?
- what about dna of consensual partner
If the DNA profile identifies a recent consensual sexual partner, rather than the offender, that profile may be removed from CODIS. A victim can talk to the police about this process.
- what about dna of consensual partner
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How can a victim find out where the kit is or what the DNA testing results are?
- how can victim find out where kit is
A victim can contact the police agency investigating the sexual assault. If the police do not provide the information, a victim can contact a local sexual assault services program or the prosecutor’s office for assistance.
- how can victim find out where kit is