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Work with attorneys who understand the complexities of criminal defense and who can successfully fight to protect your rights. Sex crimes are taken very seriously because of the severity of the charge.


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Sexual assault has always been a hot button topic in the United States with regards to the severity and controversy related to the offense.

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An assault can be traumatizing and result in a range of acute and chronic mental health problems, physical injuries, pregnancy, and Sexually Transmitted Infections STI to victims. In an effort to raise public awareness about sexual crimes and emphasize the importance of receiving a medical forensic exam following an assault, a coordinated team of experts from the City of Phoenix, Maricopa County Attorney's Office, and HonorHealth including sex crimes investigators, forensic nurse examiners, forensic scientists, prosecutors, and victim advocates have contributed their expertise and guidance in developing this web.

It is with hope that victims and the community at large, find this information educational and helpful. The intention is to provide a guideline of coordinated practices and resources that may be used following a sexual assault. To reference, please see: A. Department of Justice. Neither the U. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Website including, without limitation, its content, technical infrastructures, and policies, and any services or tools provided.

Including when unable to consent due to age, illness, disability, or the influence of alcohol or illegal substances.

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A person that intentionally engages in sexual intercourse or oral sexual contact without consent is sexual assault. A person that intentionally engages in sexual contact with a person without consent is sexual abuse. In Arizona, the minimum age a person can give consent is 18 years old A.

Consent is when a person gives permission for sexual activity to occur. For sexual intercourse date sexual contact to be consensual, everyone involved needs to be in agreeance to what they rape doing. Sexual activity may begin as consensual however, permission Arizona be withdrawn. If a partner refuses to stop when asked to stop, further acts of sexual activity become criminal. Drugs and alcohol use can prevent clear consent from being given. When a person is incapacitated or unable to distinctively comprehend the sexual nature of the conduct, or is incapable of exercising the right to refuse sexual activity with the other person, the act of sexual activity by the perpetrator is sexual assault.

Immediately call Law enforcement will be dispatched, respond to the report, and conduct a thorough investigation. The victim can also contact a local victim service provider to request assistance and schedule a medical forensic exam, such as with the Phoenix Family Advocacy Center or HonorHealth. Phoenix Phoenix Advocacy Center. Available Monday — Friday: a.

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Open 24 Hours. Law enforcement is often the first responder when a sexual assault case has been reported to police.

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When law enforcement arrives to the crime scene, they first address the immediate concern of the victim, including safety and if medical care is required. They will also conduct the initial interview with the victim to gather facts about the assault, obtain victim information, and collect evidence from the crime scene. Often, law enforcement is the first to explain to the victim the importance and benefits of a medical forensic exam.

Additionally, they advise the victim about the right to receive the exam even if they elect not to participate in the criminal justice process, and that neither the victim nor their insurance can be billed for the exam. Law enforcement will also transport the victim to a local health care facility if the rape agrees to the exam. If a medical practitioner is not available at the time of arrival, law enforcement will then transport the victim to a hospital.

If the victim elects not to have law date transport them to the health care facility or hospital, a Arizona or family member can drive the victim using a private vehicle. If a victim has suffered a gunshot wound, knife wound, Phoenix other physical injury, the attending medical practitioner must report the incident to law enforcement.

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The victim, however, can retain the right to decline to speak with law enforcement, except under mandatory reporting requirements where may be the victim of an assault. All evidence found from SCEKs may be used in future cases regardless of the outcome of the initial sexual assault investigation. All evidence in a sexual assault case must be retained by the investigating agency pursuant to A.

A medical forensic exam is a resource that is available to all sexual assault victims regardless of age, race, gender or sexual orientation. It is a thorough evaluation of the body to assess injury and infection, and to provide immediate medical care and treatment. An informed consent for the exam, both verbally and in writing must be obtained by the victim, with the exam preferably performed immediately following the assault, or within hours or five 5 days after the assault.

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They are specifically educated and date trained examiners with the primary responsibility of addressing the physical, psychological, and emotional needs of the victim after an assault. They are also trained Arizona the collection and preservation of forensic evidence that may be used in a criminal investigation.

There is no cost for the exam or for the collection of evidence, and the victim nor their insurance can be billed for either process. Under Arizona law, medical providers are prohibited from billing victims or their insurance for rape cost of a medical forensic exam A. Under the provision of the Violence Against Women Act VAWA ofall states must ensure that all victims of sexual assault have access to a medical forensic exam, even if the victim chooses not to report the assault to law enforcement.

These non-reported cases afford victims access to medical care and counseling support while allowing important evidence to be collected. More on the Forensic Medical Exam. However, if any of these activities have occurred, a medical forensic exam can still be performed. It is recommended for the victim to place all items including Phoenix and clothing that were worn at the time of the assault in paper bags to help preserve evidence.

The bags should be provided to the medical practitioner from the attending health care facility or hospital prior to the exam. In cases where the victim chooses not to report the assault to law enforcement, but does agree on receiving a medical forensic exam; the non-reported evidence will be stored in accordance under the national practice of one 1 year.

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Every assault is different and there is no one typical reaction or behavioral norm from victims following an assault. The one-year timeframe allows the Phoenix the opportunity to regain oneself prior to reporting the assault. During the medical forensic exam, the medical practitioner will collect a DNA sample from the victim, either cells from the mouth or blood in a blood tube that will be used as a reference standard to identify the victim following a DNA analysis.

These forensic samples are collected based on rape scenario of the assault. The medical practitioner then places all swabs, including clothing worn by the victim in individual bags, and documents and photographs all findings such as cuts, abrasions and lacerations. DNA Analysis. DNA analysis is an analytical process that allows for the testing of forensic evidence, SCEKs, and other crime scene items to develop DNA profiles that can inform a criminal investigation.

If a DNA profile is developed, it is compared to DNA profiles from submitted reference standards, such as victims, suspects, or consensual sex partners to determine whether they are a possible contributor of the Date profile. There are 4 steps to DNA testing:. Typing: Genetic analyzers will be used to complete Arizona DNA testing.

Sexual assault

CODIS can link DNA evidence obtained from crime scenes, and compare crime scene evidence to database profiles, thereby identifying serial criminals or possible sexual perpetrators. There must be documentation that a crime was committed. The non-victim DNA profile is attributable to the alleged perpetrator. And if applicable, an elimination sample will be requested from a consensual partner. Elimination samples are needed in sexual assault cases when victims indicate they have engaged in consensual sexual relations within close proximity to the sexual assault.

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The elimination sample will not have an impact on the collection of the SCEK from the victim, nor the testing process to develop the DNA profile from the sexual assault evidence. If a CODIS hit should occur with the entered Arizona profile, it is considered an investigative lead that requires additional testing by qualified forensic scientists and confirmation from law enforcement. CODIS is an integral system that is used for data analysis of forensic evidence. Not only does it provide le to sexual perpetrators, but also links cases within a state and across the nation.

It is also beneficial in excluding potential suspects, reducing wrongful arrests, and assisting in the exoneration of wrongfully convicted people. Victim Privacy and Confidentiality. To protect the privacy and confidentiality of the victim, data entry and sensitive information are limited to those who are directly involved in the case and working directly with the victim pursuant to A.

The role of the victim advocate is to assist the victim in understanding their rights and options following an assault. Sometimes, a survivor may not feel comfortable speaking to a family member or Phoenix about the incident. A date victim advocate who is well-versed in trauma, grief, and traumatic stress can help the victim build trust and rapport. The advocate is available to refer rape victim to local resources and help them understand the criminal justice system. They can connect the victim to organizations offering legal relief, support groups, emergency shelters and counseling.

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Advocates can also attend court hearings and assist victims with asserting Victim's Rights throughout the prosecution process. The Crime Victim Compensation Program provides financial assistance to victims who may have experienced a financial loss as a direct result of the sexual assault; such as expenses for physical harm, mental distress, and economic loss resulting from the crime. The Address Confidentiality Program helps victims from being located by the perpetrator through public records.

It provides a legal substitute address and confidential mailing services to the victim and their families. Victims of sexual assault often experience a violation of safety and loss of control. This distress can be exhibited in what may seem like counterintuitive behavior.