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Recommended maximum time for forensic sample collection - 2019

  • This table contains recommendations regarding the maximum interval between time of last known physical contact and time of biological sample collection. Collection of samples beyond these time intervals may be justified under exceptional circumstances after discussion with senior forensic medical practitioners. When doubt exists, practitioners are urged to err on the side of caution and collect samples. It is possible, but unlikely, that a positive result could be obtained beyond the recommended time intervals.

    These recommendations are not intended to act as a substitute for informed decision-making around optimal timing for a forensic medical service and/or decisions around what samples should be collected.

    These recommendations apply to normally active individuals.听 Timeframes may be extended for bedridden/inactive persons, or deceased persons.

    Informed consent must be obtained prior to sample collection. Information must also be provided to patients regarding how results of forensic analysis might be stored and used (including recording of DNA profiles on a Victoria Police DNA database).

    Forensic analysis of samples may be performed for the purpose(s) of:

    • Identification of spermatozoa
    • Identification of seminal fluid /components
    • Identification of foreign DNA, including mitochondrial DNA
    • Other (e.g. blood type analysis, saliva, foreign substance such as lubricant, vaginal fluid)

    Slides made from swabs are only required when looking for spermatozoa, not for saliva, other fluids or chemical substances.

    A decision may reasonably be reached NOT to collect samples for forensic analysis if:

    • The behaviour of the subject has reduced the likelihood that a probative result might be obtained, for example by showering, washing or wiping the sample site
    • The relationship between the victim and suspect is such that the suspect鈥檚 DNA is likely to be on the victim as a result of non-criminal behaviour, for example household contact or routine child care activity
    • During the time between the alleged criminal contact and sample collection, the subject has engaged in activities (such as sexual activity with another person) that might significantly contaminate the sample site

    In circumstances where drainage of body fluids after the alleged assault might result in the presence of biological material at a site other than the site where it was initially deposited, consideration should be given to collection of samples at times beyond those recommended in the table. For example, drainage of seminal fluid from the vagina might occur for hours to days following unprotected penile-vaginal intercourse with ejaculation resulting in the presence of seminal fluid on the perineum.

    Consider sampling visible signs of dried body fluids or stains, regardless of time since the alleged assault.

    Collect underwear when fluids might have drained onto clothing or when genital skin (including penile skin) might have transferred DNA to clothing.

    There is no upper time limit for collection of biological samples such as foreign hairs, foreign material such as ejaculate in hair, and objects such as condoms or stained (or possibly stained) clothing such as underwear.

    Limited data exists in relation to collection times for forensic analysis of samples collected from prepubertal children. Currently available data suggests that the yield is low when samples are collected from prepubertal children more than 48 hours after the last known physical contact.

    Site (on Victim)

    Nature of physical contact

    Time since last
    contact

    Comment that affects decision

    Mouth

    Penile鈥搊ral penetration (semen possible)

    Collect mouth rinse* & perioral swab

    24 hours
    Not if consumed food or fluid or cleaned teeth
    Vaginal vestibule / vulva Penile鈥搗ulval contact (external to hymen/ hymenal remnants) (semen possible)听 24 hours
    Not if cleaned or washed听
    Digital鈥揼enital contact
    24 hours
    Not if cleaned or washed

    Oral鈥揼enital contact (cunnilingus, saliva)

    24 hours
    Not if cleaned or washed

    Vaginal canal

    Sample ONLY if post pubertal

    Penile鈥搗aginal penetration (semen possible)

    Cervix (NOTE: requires speculum)

    72 hours听

    5 days

    Not if douched
    Menstruation may reduce likelihood of positive result

    Digital鈥搗aginal penetration

    24 hours

    Not if douched
    Menstruation may reduce likelihood of positive result

    Anus Penile鈥揳nal contact (semen possible)
    48 hours
    Not if defecated

    Digital鈥揳nal contact

    24 hours
    Not if defecated听听
    Skin (not listed above) Digital contact with victim鈥檚 skin (鈥渢ouch DNA鈥)
    24 hours

    Not if washed

    Oral contact with victim鈥檚 skin (saliva)
    72 hours
    Not if washed

    Foreign material transferred to victim鈥檚 skin
    (includes possible semen, blood or saliva on
    skin. Sample visible material or stain regardless of time frame)听

    72 hours
    Not if washed
    Penile swab**

    Penetrating any orifice

    72 hours
    Not if washed
    Fingernail
    scrapings

    e.g. Scratched skin

    e.g. Digital penetration vagina and/ or anus

    72 hours

    Not if washed

    *Note: ensure water vials from within FMEKs are NOT used for the mouth rinse due to the possible trace presence of decontaminant agents. Use 10 ml 'water for injection' from hospital stock.听 If 鈥榳ater for injection鈥 unavailable 10 mL of tap water may be used for the mouth rinse.

    **Note; the forensic laboratory does not do histology or look for mucous membrane cells in these specimens. Analysis is limited to DNA or certain other substances such as amylase (if there was penile鈥搊ral penetration)听听