Under Michigan law, a sexual assault victim has the right to know:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.