Following WV Code $61-8B-16(5c), a victim of sexual assault is NOT required to participate in the criminal justice system or cooperate with law enforcement in order to have a forensic medical examination. Additionally, in accordance with WV Code of State Rules §149-11-5.4, no victim shall be denied access to a forensic medical examination based on their decision not to participate in a criminal investigation, and providers must ensure that exams are offered and conducted regardless of the victim’s choice to involve law enforcement.
Frequently Asked Questions
What Happens to the Kit If a Victim Chooses NOT to Report?
In West Virginia, sex crime evidence collection kits (SAECKs) collected from victims who choose not to report the assault to law enforcement will be sent to Marshall University Forensic Science Center (MUFSC), where the collected evidence will be stored for potential future use.
- It is important to note that if liquid samples were collected as a part of the toxicology kit (blood and urine), the samples will have a limited life span and will degrade over time to the point that there may be no evidentiary value. Other samples collected as part of the forensic medical examination (swabs, etc.) will have an unlimited lifespan if collected and dried properly.
- Should the decision be made later to initiate an investigation in a non-reported case, the victim would need to contact law enforcement and provide the kit tracking number for law enforcement to be able to secure the sex crime evidence collection kit from MUFSC.
- The non-active sex crime evidence collection kit will be held for a period of 20 years and if it has not been used for training purposes, the victim can still request that an investigation be initiated. There is no statute of limitations on reporting a sexual assault in West Virginia.
What are the Requirements for Forensic Medical Examiners in Handling the Kit in a Non-Report to Law Enforcement?
Both Physicians and SANEs:
- Have the patient mark the box on page 1 of the “Sexual Assault Information” forms that indicates that the patient does NOT want to initiate or participate in any investigation relating to the sexual assault, and then initial on the line.
- Have the patient sign and complete the “Consent Form for A Non-Report to Law Enforcement” form, found in the Non-Report to Law Enforcement envelope, on the bottom of the kit. IMPORTANT REMINDER: Be sure the kit tracking label is placed on all 3 copies of the “Non-Report” form. The pink copy of the “Consent Form for a Non-Report to Law Enforcement” form MUST be given to the patient to be able to track and identify the sex crime kit, should the decision be made to report the sexual assault to law enforcement at a later time.
- Finish the exam and complete all required information.
- All pink copies of the Sexual Assault Information forms MUST be returned to the Non-Report to Law Enforcement envelope, and placed inside the large envelope on the bottom of the outside of the sex crime kit, when completed. Seal both envelopes with evidence tape.
- All yellow pages of the Sexual Assault Information form, the Non-Report to Law Enforcement Consent form, and the “Inventory” sheet must be returned to “STEP 1: Sexual Assault Information Form” envelope and placed inside the large envelope on the bottom of the outside of the sex crime kit.
- Seal the sex crime kit securely using the evidence tape provided, following the directions in the kit instructions to protect and ensure the integrity of the specimens and the appropriate chain of custody.
- Prepare the sex crime kit for shipment using the pre-provided mailing labels already available at the hospital, ensuring you are using the correct label for non-reports. There is no need to call Marshall University Forensic Center (MUFSC) for mailing label information.
- If additional boxes are needed to package evidence, such as bags of clothing, the physician, SANE or other hospital personnel should be prepared to find additional boxes or discuss it with the contact at MUFSC when calling for shipping information.
- Get the sex crime kit ready to be mailed by doing the following: Place the sealed sex crime kit in the large FedEx mailing box. (FedEx mailing boxes will be provided to hospitals when the sex crime kits are shipped from the WV State Police Forensic Laboratory and the FedEx boxes should be stored with the sex crime kits.)
- Attach the pre-printed shipping label to the FedEx mailing box, making sure that all required information, including the FedEx shipping number from MUFSC, has been completed.
- Take the sex crime kit to the FedEx shipping and receiving area in the hospital once the kit has been boxed, sealed and labeled for shipment.
IMPORTANT REMINDER: Date/time and initials should be recorded on the label at this time. If FedEx does have a shipping/receiving area in the facility, the examiner must contact MUFSC (304-691-8946) for directions on how to proceed.
Is the Hospital Charged for Shipping the Non-Reported Kits to MUFSC by FedEx?
No, the hospital will not be charged for the shipping costs. The required shipping label is located inside the non-report envelope, at the bottom of the box.
What is the Role of Forensic Medical Examiner in Handling the Chain of Custody of Non-Reported Kits?
Both Physicians and SANEs: Medical personnel are responsible for initiating the chain of custody of all sex crime evidence collection kits, beginning at the time of collection. Each person who takes physical possession of the evidence collection kit becomes part of the chain of custody and may be called to testify in court.
What Happens to the Kit at MUFSC?
Once received at MUFSC, the sex crime kit will be cataloged and held in a secure area. Under West Virginia law, the Marshall University Forensic Science Center (MUFSC) is mandated to store non-reported Sexual Assault Evidence Collection Kits (SAECKs) for a period of 20 years from the date of collection. This requirement is outlined in the West Virginia Code of State Rules §149-11-7.1.
The kits are maintained at no cost to the survivor, ensuring the preservation of evidence should the individual decide to report the assault at a later date. Furthermore, MUFSC is obligated to notify the survivor at least 60 days prior to the intended disposal of the kit. This notification includes information about the survivor’s rights under the Sexual Assault Victims’ Bill of Rights (§61-11a-9) and provides the option to request, in writing, a ten-year extension on the kit’s retention period.
How Does a Victim Initiate an Investigation?
To initiate an investigation, the kit tracking number will be needed to be able to identify the sex crime kit. A victim can follow one of the following procedures:
- Contact the local law enforcement agency OR
- Contact the local rape crisis center for information on how to proceed. Contact information can be found via the West Virginia Foundation for Rape Information and Services (WVFRIS) website, Rape Crisis Centers OR
- Contact WVFRIS at 304-366-9500 for information on how to initiate the investigation
What Should Happen if the Victim Does NOT Have the Kit Tracking Number?
There are 2 options for securing the kit tracking number:
- The victim will need to contact the Medical Facility Where the Exam Took Place to secure the kit tracking number for law enforcement OR
- Law enforcement will need to submit to MUFSC a written request for the sex crime kit tracking number on agency letterhead, including the victim’s name, the officer’s name, agency, contact number and badge number, explaining that a victim (e.g., Jane Doe) wants to initiate an investigation but does not have the sex crime kit tracking number.
The law enforcement request to MUFSC should be addressed to:
MUFSC
Attn: Non-Report Custodian
1401 Forensic Science Drive
Huntington, WV 25701
What Should Happen if the Victim Has Given the Kit Tracking Number to Law Enforcement?
Law enforcement will need to download and complete the “Forensic Laboratory Case Submission” form.
After completing the required information, law enforcement must proceed with the only available option for transferring the sex crime evidence collection kit from the Marshall University Forensic Science Center (MUFSC), which is the direct transfer of the kit to the West Virginia State Police Forensic Laboratory from MUFSC via FedEx.
Please note: A WVSP Case Submission Form 53 must be submitted to the WVSP Forensic Laboratory prior to the transfer. Form 53A (available at: ) is also required for all Biology/DNA cases, unless the submission consists solely of a known reference sample for comparison. A copy of the chain of custody will be included with the kit.
The request for transfer of evidence MUST be mailed and received by MUFSC before any evidence can be transferred.
MUFSC
Attn: Non-Report Custodian
1401 Forensic Science Drive
Huntington, WV 25701