Germany: Project helps rape survivors preserve evidence

"Violence against women and girls remains the most pervasive human rights violation around the world," according to a recent UN report published ahead of the International Day for the Elimination of Violence against Women. It says that one in three women "experience gender-based violence during their lifetime." Yet merely 40% of those attacked seek help, the report continues.

Only very few of those who suffer sexual violence report it. "Most cases occur within the victim's immediate environment," said Knut Albrecht who heads Brandenburg's State Forensic Institute. "The perpetrator might be someone's husband, partner, or uncle. They want to keep the peace at home and may feel ashamed. There are 1,001 reasons why sexual violence goes unreported."

In some parts of the world, including Germany, women who do not want to, or cannot, report cases of sexual assault such as rape to the police have another resort. They can secure evidence of the assault in a confidential setting. Albrecht runs a model project in Brandenburg that does just this, providing immediate medical assistance to survivors of rape and the confidential collection of evidence .

If a women who's been assaulted chooses to pursue legal action at a later date, the preserved evidence  will be admissible in court.  

How is the evidence collected?

The process entails an examination at a specific medical facility and the recording of any injuries. A woman who has been assaulted will generally be asked to fill out a form with the help of a female doctor. Photos of any injuries, as well as underwear and other garments worn by the victim will then be sent to forensic experts and stored as evidence.

Samples will also be taken to analyze the perpetrator's DNA. "If an ejaculation occurred in a woman's vagina, anus or mouth, semen that does not belong there will be found," said Albrecht. "This can then be used to conduct a DNA analysis."

Such samples will only be taken after a woman has provided a detailed account of the assault and only where absolutely necessary. "In the case of oral intercourse, no sample will be taken from a victim's genitals, and if an ejaculation occurred on a victim's stomach, a sample will be taken from only there," explained Albrecht.

If no ejaculation occurred but the perpetrator's penis penetrated the survivor's vagina, experts will still take a sample in the hopes of finding traces of the DNA from the skin of the penis. But Albrecht said this was less reliable than using traces of semen to conduct a DNA analysis. He also said that if the perpetrator had been scratched by the assaulted person, traces of his DNA may also be found under her fingernails.   

Immediate examination is essential

Experts say that it is imperative that evidence be collected as swiftly as possible as foreign DNA  disintegrates fast. "If sexual violence involving penetration caused vaginal tears, these can be detected in an examination," said Laia, a Berlin-based gynecologist, who asked to keep her surname confidential to protect her patients. But she said that an examination had to take place fast: "After a few days or weeks, it is too late because mucous membranes heal fast." 

The German state of Brandenburg currently stores forensic evidence collected confidentially for up to 10 years. Underwear, for instance, is preserved in such a way that it remains in its original state. DNA extracted from samples is dried in such a way that it will be admissible in court at a later date.

Respecting women's boundaries

Gynecological examinations are delicate affairs, and even more so when a woman has suffered  sexual violence, said Laia, who does not work in a facility that is the first point of call for women who have been subjected to rape but an ordinary gynecological clinic. She said that she was always careful to treat her patients with utmost empathy and respect.

"It is not about putting a patient on the chair and saying 'This is what we're going to do.' But about giving them a chance to say no and accepting their individual physical boundaries."

Knut Albrecht also said that an examination of a woman who had been raped was equally delicate. "It is carried out by trained personnel who are very empathetic. But if a woman tenses up when a specific sample is taken, then the procedure is stopped."

Physical recovery and psychological support

Laia recommended that survivors of rape go to see a gynecologist four to six weeks afterwards to test for pregnancy and/or STDs.

She also said that the examination of a woman immediately after a sexual assault was only the first step. The second was to provide psychological support so that the woman could begin to process the sexual violence she had suffered.

This article was originally published in German.