Evidence Collection & Consent

Additional Resources:

Forensic Sciences Command (illinois.gov)

Any person can consent or decline to their own TREATMENT and EVIDENCE COLLECTION related to sexual assault.

Survivors do not need to consent to collect evidence in order to receive medical treatment, STI testing/prevention or pregnancy prevention medication.

13 YEARS AND OLDER

  • Consent OR decline collection of evidence

  • Consent to hold or release evidence

  • Consent to testing

UNDER 13 YEARS OR ADULT WITH GUARDIAN

  • Consent OR decline collection of evidence

  • Need written consent of parent, guardian, POA, Law Enforcement or DCFS to release evidence collection for testing

Evidence Collection Kit Paperwork.pdf

EVIDENCE COLLECTON OPTIONS OVERVIEW

Victims have the right to consent or decline to each step of the process. They do not need to complete the entire evidence collection process to participate.

Photographic Evidence

  • Must be offered by hospital, victim must CONSENT or DECLINE and initial choice on paperwork

  • Photographs are taken by nurse or medical professional

      • Victims can choose what they would like photographed

Reporting Decision and Evidence Analysis

  • Option A - Speak with Law Enforcement

      • Release or Hold Evidence

  • Option B - Allow Health Care Professional to Speak to Law Enforcement on Their Behalf

      • Release or Hold Evidence

  • Option C - Do not report to Law Enforcement or Participate in Investigation

      • Evidence is Held

  • If Choosing to Hold Evidence:

  • 18 Years & Older - 10 Years

  • 17 Years & Younger - 10 years or until 28th birthday

YOUR RIGHTS & CHOICES FOR A MEDICAL FORENSIC EXAM

Medical Foresnic Services Fact Sheet for Hospitals and APHCFs.pdf

ACCESS TO HEALTH CARE AND EVIDENCE COLLECTION FOR SEXUAL ASSAULT VICTIMS WITH DISABILITIES

SASETA - Disabilities.pdf

DRUG FACILITATED SEXUAL ASSAULT

A SURVIVOR CANNOT BE CHARGED FOR ALCOHOL OR SUBSTANCES THEY CONSUMED WILLINGLY PRIOR TO THE ASSAULT.

Survivors have the right to have their urine tested regardless of their willingness to participate in recreational drug use.

Results SHOULD NOT be used against the survivor by Law Enforcement or in court.

ALL FORMS CAN BE FOUND ON THE ISP WEBSITE: Forensic Sciences Command (illinois.gov)

ISP TOXICOLOGY SCREENING INFORMATION FOR DRUG FACILITATED SA: PATIENT INFORMATION SHEET

IL State Police Toxicology Screening Information for Drug Facilitate SA - Patient Information Sheet.pdf

CONSENT TO TOXICOLOGY

Victims have the right to consent to toxicology regardless of if they want to complete the entire evidence collection kit.

Consent to Toxicology - Evidence Collection.pdf

PATIENT DISCHARGE MATERIALS

Follow-Up Care & Additional Recommendations

Patient Discharge Materials.pdf

ISP TOXICOLOGY SCREENING - MEDICAL PERSONNEL INSTRUCTION SHEET - URINE COLLECTION

Medical Personnel Instruction Sheet - Urine Collection.pdf

ALL FORMS FOR THE EVIDENCE COLLECTION KIT CAN BE FOUND ON ILLINOIS STATE POLICE WEBSITE:

https://isp.illinois.gov/Forensics/Forms