When someone is raped and items taken as evidence or for DNA/whatever...

[ariastar]

What is the name of your state (only U.S. law)? California

My mom and I don't talk often and I found out tonight she was recently a victim of rape. The police took certain things, like blankets, a robe, even some jewelry!, etc., to comb for evidence, and the officer says to the victim she probably won't see it again, is there any way to get those things back later? The specific items hold very sentimental value. I'd have thought that once they got all the DNA and such off of it, they're supposed to return it. But she said the officer said she wouldn't see any of it again. Last thing a rape victim needs is to lose items that are very special to her. There is a court hearing Monday.

And what kind of evidence do they think they're going to get from my dead dad's jewelry that was in her jewelry box? Blankets from the bed, what she was wearing, that stuff I can understand.

(I know a lot of rape victims were really people regretting it, but in this case, she's got thick bruises around her neck and on other body parts consistent with assault. So please don't go asking how do I know she was really raped. The type of sex you consent to shouldn't leave bruises around the neck like this and spots where hair was ripped out.)

I don't know how to handle this, what to do or say. She won't come to my place because she's afraid of the two men coming here to try to get her and she's afraid of endangering me and my boyfriend, though my boyfriend would gladly administer a severe ass-beating to anyone who tried to hurt me or her, and he doesn't care if he were to go to jail for defending us.

Okay, I'll stop going off on a tangent. Please help me know if my mom will get her things back. I know getting them right this second won't happen, but her things aren't gone forever, are they? She's not rich and can't afford the permanent loss of most of her blankets, and money can't replace the sentimental value of a couple of them (heirlooms).

 

[Gail in Georgia]

Many years ago when I was sexually assaulted, my personal items (clothing, shoes, purse) were taken as evidence. These were held until after the trial and his conviction.

The victims (and there were quite a few of us) were offered these things back. This doesn't usually happen though. It happened in this case because there were many victims (8 of us went to trial as this involved a serial rapist) and there was quite a lot of jewelry involved. Many of the victims wanted these things back and quite a few of them requested that they be returned.

Gail

 

[seniorjudge]

ariastar, talk to the victim advocate at the prosecutor's office in the county where this happened.

 

[CdwJava]

The clothing and the blankets are likely gone for good. Whether the jewelry will be returned without the intervention of the DA or a court will depend on what the items were seized for. It could be that they are not necessary any longer and CAN be released.

It should be noted that jewelry very often can contain DNA of an attacker. The ridges of the items pick up flecks of skin and hair and can be good repositories of potential evidence.

You should check with the agency and speak to the investigator in charge of the case. The investigator might be able to tell you what the jewelry items were for and how necessary they are to the investigation (or, prosecution, if a suspect has been identified). After that, if the items are not necessary, your mom can approach the DA and ask that the items be released. The police are almost certain to release nothing without the approval of the DA or an order from the court.

- Carl

 

[ariastar]

The jewelry was in my mom's jewelry box, including a couple rings that were my (dead for five years) dad, and a couple of the blankets were gifts from my dad right before he died. The two blankets and my dad's jewelry are what she wants back more than anything. One of the blankets has been her security blanket to wrap up in when she gets lonely and has especially hard times of missing my dad (gun shot to the head was how he died, and she saw it happen). Losing these items is making the whole ordeal even harder for her, and the thought of not getting them back if this goes to trial is almost enough for her to not cooperate so it won't go so she can have her things back. I'm trying to talk her into going forward so those *******s can't hurt anyone else, but I also understand how she feels like she's been violated again, my dad taken away again. She was nearly killed and her object of security was taken away and she might not get it back.

For a victim advocate, is that the title of the person to ask for? Though it's a day's drive, I'll drive out there if I have to.

Personal harassment of myself, and now this too. I'd crack if it weren't for a wonderful fiancé being so supportive and keeping me grounded.

 

[CdwJava]

As sympathetic as the police and the prosecutor might be, they have to adhere to the law and to hold onto any evidence used at trial until the appellate period has passed. It's likely that even after conviction, any evidence might be held for a few years.

Sure, it's tough, but the choice is between giving the rapist(s) a free ride to freedom, or putting them away.

- Carl

 

[CavemanLawyer]

I'm sure they had a reason for taking whatever they took. When you get things back will depend on what its relevance to the case is.

Clothing and things like blankets typically are not returned in these types of cases because in order to test for bodily fluids they have to be cut into pieces. If any parts of them fluoresce than that section alone will be sent to the lab. Its not at all uncommon for there to be sections of cloth that fluoresce even though the perpetrator did not leave behind any bodily fluids. In other words, your daily use can leave behind substances that fluoresce and those sections have to be cut out and tested just in case it can be linked to the suspect. Regardless of whether your mother cooperates or not, the DNA testing is going to be done.