Importance of preserving evidence
After an incident of sexual assault, dating violence or domestic violence, the person who experienced the violence should consider seeking medical attention as soon as possible. They should also consider obtaining a forensic exam to preserve evidence that may assist in proving that the alleged criminal offense occurred or that may help in obtaining a protection order. In Indiana, evidence may be collected through a forensic exam even if the person chooses not to make a report to law enforcement. Before obtaining a forensic exam, it is important that the person not bathe, douche, smoke, change clothing or clean the bed/linen/area where the individual was assaulted if the offense occurred within the past 120 hours. In circumstances of sexual assault, if the person does not opt for forensic evidence collection, health care providers can still treat injuries and take steps to address concerns of pregnancy and/or sexually transmitted infections. Someone who has experienced sexual assault, domestic violence, stalking, and/or dating violence is encouraged to also preserve evidence by saving text messages, instant messages, social media pages, posts or messages and other communications, as well as keeping pictures, logs or other copies of documents, if they have any.
As time passes, evidence may dissipate or become lost or unavailable, thereby making investigation, possible prosecution, disciplinary proceedings, and/or obtaining protection orders related to the incident more difficult. If the person chooses not to make a complaint regarding an incident, they may still consider speaking with IUPD or other law enforcement to preserve evidence in the event that they decide to report the incident to law enforcement or the university at a later date. This information is also provided in the Sexual Misconduct: Rights, Options, and Resource Guide, which can be found at the end of this report under Appendix C.
