Introduction
On December 6, 2021, President Ibrahim Mohamed Solih ratified the first amendment to the Sexual Offences Act (Law No. 17/2014), ushering in significant reforms to address sexual violence in the Maldives. Among these amendments is the mandatory use of rape kits in cases of sexual offenses, enhancing the accuracy of forensic evidence collection and supporting a trauma-informed approach to victim care.
Key Amendments to the Sexual Offences Act
1. Expanded Definitions of Sexual Offenses
The amendment redefines key terms, including rape, sexual injury, and sexual assault, to extend legal protection to married couples. This ensures the law comprehensively addresses sexual offenses regardless of marital status.
2. Mandatory Use of Rape Kits
The law mandates the use of rape evidence kits for victims of specific offenses, such as:
- Rape (Section 14).
- Attempt to Rape (Section 15).
- Sexual Injury and Assault (Sections 16-18).
- Sexual Acts Without Consent (Sections 20(b), 24(b), 28, and 38).
3. Victim-Centered and Trauma-Informed Care
All government hospitals and health centers must:
- Provide rape kits for evidence collection.
- Train staff in victim-centered, trauma-informed care to ensure sensitivity during medical examinations.
- Offer victims information on sexually transmitted infections (STIs) and testing upon request.
4. Policy Development
The amendment requires the health ministry to draft guidelines within 60 days on:
- Evidence collection and storage protocols.
- Obtaining informed consent for rape kit usage.
- Procedures for collecting samples from adults and minors.
What is a Rape Kit?
A rape kit, also known as a sexual assault evidence collection kit, is a forensic tool used to collect and preserve evidence following a sexual offense. It includes specialized equipment such as swabs, gloves, evidence bags, and documentation forms to ensure proper handling of samples.
Why is the Rape Kit Important?
Rape kits play a vital role in both forensic investigations and victim support:
1. Preservation of Evidence
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- Rape kits collect biological evidence (such as DNADNA, or Deoxyribonucleic Acid, is the genetic material found in cells, composed of a double helix structure. It serves as the genetic blueprint for all living organisms. More) and physical evidence (like fibers or injuries) that can be crucial in identifying perpetrators.
2. Strengthening Legal Cases
- Properly preserved evidence from rape kits helps build a strong case in court, reducing reliance on victim testimony alone.
3. Supporting Victims
- The use of rape kits provides a structured, trauma-informed approach that prioritizes victim dignity and reduces the emotional burden of repeated questioning.
4. Improving Forensic Practices
- Rape kits standardize evidence collection, ensuring consistency and reliability across cases, which is particularly vital in sensitive investigations.
Steps Involved in Using a Rape Kit
1. Medical Examination
- A healthcare professional examines the victim, addressing any immediate medical concerns before evidence collection.
2. Consent and Documentation
- The victim’s informed consent is obtained before proceeding. Detailed documentation is maintained throughout the process.
3. Evidence Collection
- Swabs are used to collect biological samples from the victim’s body, clothing, and surrounding environment.
- Physical evidence, such as injuries or foreign objects, is photographed or documented.
4. Storage and Chain of CustodyChain of custody - The process used to maintain and document the chronological history of the evidence. Documents record the individual who collects the evidence and each person or agency that subsequently takes custody of it. This chain of custody verifies that the evidence being analyzed is the same evidence found at the scene and helps ensure there was no opportunity for the evidence to be tampered with. More
- All collected evidence is sealed, labeled, and stored to maintain the chain of custody for legal proceedings.
Challenges in Implementing Rape Kits in the Maldives
1. Infrastructure and Training
- Many health centers may lack the necessary equipment or trained personnel to use rape kits effectively.
2. Public Awareness
- Victims may not be aware of their rights to forensic evidence collection or may fear stigma, leading to underreporting.
3. Legal and Procedural Delays
- Developing and enforcing detailed guidelines for evidence collection, storage, and consent may take time.
Conclusion
The Maldives’ reforms to the Sexual Offences Act represent a bold commitment to justice for survivors of sexual violence. By mandating rape kits and emphasizing trauma-informed care, the nation is setting a higher standard for addressing such crimes. With proper implementation, these changes promise to bring hope and accountability to countless victims.
