The Development of a Local Sexual Assault Investigation Kit: The Philippine Experience

  • Maria Corazon A. De Ungria DNA Analysis Laboratory, Natural Sciences Research Institute, University of the Philippines Diliman https://orcid.org/0000-0001-7722-5193
  • Miriam Ruth M. Dalet DNA Analysis Laboratory, Natural Sciences Research Institute, University of the Philippines Diliman
  • Minerva S. Sagum DNA Analysis Laboratory, Natural Sciences Research Institute, University of the Philippines Diliman
  • Merle P. Tan Child Protection Unit, Philippine General Hospital, University of the Philippines Manila
  • Bernadette J. Madrid Child Protection Unit, Philippine General Hospital, University of the Philippines Manila
Keywords: sexual assault investigation kit, forensic DNA testing, women and child protection units, sexual violence

Abstract

Objectives. This paper presents the development of a local sexual assault investigation kit (SAK) that doctors in the Philippines could use to collect biological samples from victims of sexual abuse, including child patients, that would be used for DNA testing. The study also reports on a management system via courier service to protect the integrity of the samples that could be eventually used as evidence in court from the collection site to the laboratory with sufficient backup measures.

Methods. Women and Child Protection Units (WCPU) from Manila, Baguio, Cebu, and Davao partnered with the DNA Analysis Laboratory, Natural Sciences Research Institute of UP Diliman (NSRI-UPD) DNA Analysis Laboratory in testing the utility of a prototype SAK for the collection of biological samples from child patients. From January 2002 to March 2006, samples were collected from patients who went to WCPU within 72 hours post-contact and consented to participate in the study. WCPU doctors collected biological samples guided by the patient’s narratives and packaged the samples while following detailed documentation and chain of custody procedures. SAKs were then sent via a designated courier service from WCPU to the NSRI-UPD DNA Analysis Laboratory for DNA testing. The WCPU kept half of the samples collected, following recommendations made during sectoral consultations that included members of the Research Group of the Philippine Judicial Academy, prosecutors, and defense counsels. Case samples were packed well by the WCPU and received at the NSRI-UPD DNA Analysis Laboratory. Due to budget limitations, only the internal genitalia and patients’ reference buccal swabs were subjected to DNA tests as reported by Maiquilla et al.1 The remaining SAK components and case records were kept in a dedicated and secure storage facility. DNA testing reports were sent to the WCPU, which released them to the child patients and their legal guardians.

Results. One hundred fifty-four female children aged 2-18 years old and their legal guardians agreed to participate in the study. Based on the initial interviews of the social workers who conducted the evaluation, all the participants came from families with very low socioeconomic status. The WCPU doctors then complied with prescribed procedures. To date, NSRI-UPD DNA Analysis Laboratory records show that a subpoena for expert testimony had been issued in only one case out of the 63 cases (1.6%) that were positive for male DNA. No further information was available on the final decision in this case due to the absence of any order from the judge granting the laboratory access to court records. Likewise, WCPUs did not have any information on the remaining 62 cases that could have used the DNA test results as evidence if a case had been filed in court.

Conclusion. This study is the first to report the development and validation of a sexual assault investigation kit in the Philippines aimed at helping medical doctors in collecting and preserving critical biological samples for DNA testing. Using a dedicated courier service to send SAK from collecting agencies to the laboratory for DNA testing was successfully tested and resulted in faster delivery and significantly reduced overall cost. While DNA testing remains the most powerful tool for human identification and the technology has been available in the Philippines since 1997, certain factors have prevented it from being used routinely in sexual assault investigations, including those involving children.

Author Biographies

Maria Corazon A. De Ungria, DNA Analysis Laboratory, Natural Sciences Research Institute, University of the Philippines Diliman

University Researcher V and DOST-CSC Scientist 2

 

Miriam Ruth M. Dalet, DNA Analysis Laboratory, Natural Sciences Research Institute, University of the Philippines Diliman

University Research Associate I

Minerva S. Sagum, DNA Analysis Laboratory, Natural Sciences Research Institute, University of the Philippines Diliman

University Research Associate I

Published
2022-08-31
How to Cite
1.
De Ungria MCA, Dalet MRM, Sagum MS, Tan MP, Madrid BJ. The Development of a Local Sexual Assault Investigation Kit: The Philippine Experience. Acta Med Philipp [Internet]. 2022Aug.31 [cited 2024Mar.29];56(15). Available from: https://actamedicaphilippina.upm.edu.ph/index.php/acta/article/view/2293