Management of DNA evidence collected on adolescents in sexual assault investigations: A 10-year review from a large Italian rape centre

Abstract

Little research is available on the actual forensic use of genetic analyses performed in sexual violence cases, despite their relevant role in legal processes. The present retrospective study aimed to contribute to filling this gap in research, evaluating the actual number of serological/DNA analyses that followed medical examination of female adolescent victims of sexual violence. The study was performed in a large rape centre in Milan (North Italy) by analysing all medical records of female victims of sexual violence aged 13–19 years in the period from January 2006 to December 2015. The total number of sexual assault victims examined aged 13–19 years was 599. In 473 of the cases, biological evidence had been collected. The gathering of biological evidence was accurately performed (double swab technique) in multiple anatomical regions on the victims’ bodies, and clothes were acquired when biological stains were present or could be present. Proper handling under chain of custody for all the items collected followed in every case. Despite all of this, serological/DNA analyses were requested in only 9/473 (1.9%) cases. Procedural issues possibly affecting the magistrates’ decisions not to use DNA extensively as an investigative tool are also discussed.

Characteristics of Sexual Violence Against Adolescent Girls: A 10 Years’ Retrospective Study of 731 Sexually Abused Adolescents

“…Probably, as a result of practice and cultural factors, Italian public prosecutors are accustomed to relying mostly on traditional pieces of evidence such as oral witnesses, presence of physical lesions, and wiretappings. 51 Similarly, we observed that magistrates or judges requested serological and/or DNA analyses in 86 out of 1211 (7,1%) cases of sexual violence against adult women. 52 …”

“…This could be particularly important if one considers that, as described in our previous study, serological/DNA analyses were requested by the judicial authority in only 9/473 (1.9%) of cases of sexual violence among adolescents. 51 The cause of such infrequent use of genetic analysis in criminal proceedings regarding sexual violence in Italy is difficult to explain. Probably, as a result of practice and cultural factors, Italian public prosecutors are accustomed to relying mostly on traditional pieces of evidence such as oral witnesses, presence of physical lesions, and wiretappings.…”

Consequences of the lack of clinical forensic medicine in emergency departments

“…The reported numbers, besides describing a cross-section of the phenomenon of violence in a society over the course of 1 year, have brought to light the current critical problems we have discussed. The issues do not end there, of course, because it would be necessary, for example, for the forensic samples taken to actually be stored and analyzed, which is not happening [ 33 ]. However, the introduction of forensic experts or at least skills into the EDs would be a major step forward.…”