Durgical
EN
Open the app

Sexual violence: samples and evidence

  • Procedure

Which samples are collected from a victim of sexual violence, why as early as possible, and how they are labelled and handed over under chain of custody.

Updated

What it is

Evidence in sexual violence serves to identify the assailant (DNA profile), show contact and detect substances used to subdue the victim. It is fragile: it is lost with time, washing and contamination. So it is collected as early as possible, with consent, during the same emergency care and without delaying treatment. The protocol of Resolution 459 of 2012 calls for the forensic tests set by the current medico-legal protocols and refers to the INMLCF «Reglamento técnico para el abordaje forense integral en la investigación del delito sexual» (technical regulation for the comprehensive forensic approach to sexual offences). Each sample is labelled and handed over under chain of custody.

What to document

  • List of samples: type, site, number, time taken and who collected them.
  • Time since the event and the victim's actions (washing, changing clothes, urination) that affect recovery.
  • Chain of custody: everyone who receives, transports or stores the sample, with date, time and signature.
  • Storage conditions until handover.

How it is done

  1. Obtain written consent for sample collection (Law 906, art. 250); for a minor or incapable person, the representative's consent.
  2. Wear gloves, change them between areas and work on a clean surface to avoid contamination.
  3. Collect the clothing worn during the event, each item in a separate paper bag.
  4. Take swabs from the contact areas according to the account (skin, mouth, genitals, anus).
  5. Let swabs air-dry before packing; do not use plastic bags for damp material.
  6. If the victim may have been drugged, collect blood and urine for toxicology as early as possible.
  7. Label each sample: name, type, site, date, time and who collected it; seal and sign.
  8. Complete the chain-of-custody record and hand over to the judicial police or the INMLCF.

Next step: what to do and document

  • Collect samples during the same emergency care, without delaying treatment or prophylaxis.
  • Follow the INMLCF technical regulation cited by the protocol of Resolution 459 of 2012 for the type and technique of each sample.
  • Complete the chain-of-custody record and hand samples to the judicial police, never to relatives.
  • If the authorities do not arrive at once, store the samples in a secure, logged place, following the Fiscalía's chain-of-custody manual.
  • Official text checked on 2026-11-05 at minsalud.gov.co, funcionpublica.gov.co and fiscalia.gov.co.

Common mistakes

  • Packing damp material in plastic, which speeds its deterioration.
  • Putting garments or samples from different areas in the same package.
  • Skipping samples because more than 72 hours have passed without assessing the case: some may still be useful; follow the INMLCF regulation.
  • Delaying prophylaxis or emergency contraception while waiting for sample collection.

Test yourself

Think of the answer, then tap the question to see it.

Why are clothing and swabs packed in paper rather than plastic?

Because plastic traps moisture and speeds the deterioration of biological material; that is also why swabs are air-dried.

Which samples are collected if the victim may have been drugged?

Blood and urine for toxicology, as early as possible, because many substances are eliminated quickly.

Which document goes with every sample from collection to the laboratory?

The chain-of-custody record, showing who collected it, who received it, dates, times and signatures.

Add to my cards (3)

Elsewhere in DurgiPedia

Connections

← All of forensic medicine

Educational content on forensic and legal medicine; not legal advice and no substitute for the technical guides of Colombia's National Institute of Legal Medicine and Forensic Sciences. Laws change: each page links the official text and says when it was last checked. For a real case, follow the guide in force and ask the competent authority.

Sources: Resolución 459 de 2012, Protocolo y Modelo de Atención Integral en Salud para Víctimas de Violencia Sexual (Ministerio de Salud y Protección Social, 2012); Ley 906 de 2004, Código de Procedimiento Penal (art. 250) (Función Pública, Gestor Normativo, 2004); Manual del Sistema de Cadena de Custodia (Fiscalía General de la Nación, 2018).

Spotted a mistake?We are always improving for the community. Tell us what is wrong and our team will review it.Report a mistake

Representative model, for educational purposes only.