RESUMEN
Sexual assault cases typically involve intense physical contact between victim and perpetrator, resulting in a high chance of trace transfer. In addition the victim's, and sometimes the suspect's, declaration is available, and can help direct the forensic investigation. However, many cases are still closed because of insufficient proof or an unknown perpetrator.Previously in Belgium, the forensic analysis strategy was often limited to the detection of human sperm fluid and if not found, the forensic part of the case was closed.Therefore, the Forensic Advice service from the Belgian National Institute for Criminalistics and Criminology (NICC) together with the public prosecutor's office of the Judicial district Antwerp, department Antwerp started "Project code 37". In Belgium every type of crime receives a code and sexual assault cases are categorized under code 37. Because a forensic advisor focuses on the potential of forensic examination on physical objects, the project focused on cases with samples taken on the victim or clothing available.The goal of the project was to perform a contextual analysis in order to go beyond the standard sperm fluid-orientated approach and evaluate if this had a positive impact on the conviction rate. The project also aimed to evaluate the impact of the consistent use of toxicological analyses on conviction rates. Through this systematic contextual analysis, it became clear that four clear categories could be defined: (1) cases with an unknown perpetrator, (2) cases where the suspect denies all contact, (3) cases where the suspect denies (part of) the sexual contact, and (4) cases where only the consent of the victim is disputed. These categories all assumed one female victim and one male perpetrator. Together with the NICC's DNA, trace evidence and toxicology lab, an analysis strategy was drafted for the four categories. All cases that do not fit this description were gathered in a fifth category (custom-made cases), as the victim's/perpetrator's sex has a significant effect on the forensic analysis strategy. At the end of the project, a comparison was made with the same set of cases from another judicial year where the standard analysis strategy was used. For all the categories for which data was available, there was a rise of the conviction rate and a decrease in the number of dismissed cases.
Asunto(s)
Víctimas de Crimen , Delitos Sexuales , Humanos , Masculino , Víctimas de Crimen/estadística & datos numéricos , Delitos Sexuales/legislación & jurisprudencia , Femenino , Bélgica , Vestuario , Semen/química , Ciencias Forenses/métodosRESUMEN
The conviction rate in drug facilitated sexual assault (DFSA) cases is known to be very low. In addition, the potential impact of toxicological results on the case is often not well understood by the judicial authorities. The aims of this study were (1) to obtain more knowledge concerning the prevalence of incapacitating substances in DFSA cases, (2) to create a more efficient DFSA analysis strategy taking background information into account, and (3) to evaluate the potential impact of systematic toxicological analysis (STA) on the final judicial outcome. This small-scale epidemiological study (n = 79) demonstrates that 'commonly-used' illicit drugs, psychoactive medicines and ethanol are more prevalent in DFSA cases in contrast to the highly mediatized date rape drugs. Additionally, via case examples, the interest of performing STA-to prove incapacitation of the victim-in judicial procedures with mutual-consent discussions has been demonstrated as it led to increased convictions. However, more attention has to be paid to ensure a short sampling delay and to get more accurate information from the medical treatment of the alleged victim. This will improve the interpretation of the toxicological analysis and thus its applicability in a DFSA case. The future is multi-disciplinary and will certainly lead to an efficient and more cost-effective DFSA approach in which STA can impact the final judgment.
RESUMEN
UNLABELLED: Psychiatric diagnosis mainly relies on behavioral signs and symptoms. Substance abuse can mimic the clinical presentation of primary psychiatric disorders and can also complicate the management of psychiatric patients. The reliability and accuracy of urine toxicology is a vital tool in the optimal treatment of these patients. Current demographics of substance abuse suggest that in addition to the most conventional drugs of abuse (e.g. cocaine, cannabis) that are of concern to treating physicians, prescription medications and new designer drugs also should be when evaluating patients who present with symptoms of psychosis/drug addiction or altered mental status. METHODS: Urine samples from 220 psychiatric inpatients admitted to either an acute drug and alcohol unit or acute psychiatric unit were analyzed for drugs by the standard hospital assay (KIMS) and by a more sensitive ELISA and GC-MS basic drug screening protocol. RESULTS: The standard hospital toxicology (KIMS) was inferior to the ELISA and GC-MS methods in terms of both assay sensitivity and in detecting a broader number of drugs. The KIMS tests failed to identify opiates and amphetamine/methamphetamine in 50% of the patients. The KIMS screen did not identify zolpidem, buprenorphine and a number of synthetic drugs of abuse including cathinone and tryptamines. CONCLUSION: In order to reliably identify substance abuse in patients with altered mental status in inpatient settings, analytical methodologies with adequate assay sensitivity and range to detect the vast majority of commonly abused illicit drugs and prescription medications are required for optimal clinical assessment and treatment.