Evidence Collection & Consent

Any person can consent or decline to their own TREATMENT and EVIDENCE COLLECTION related to sexual assault.
Survivors do not need to consent to collect evidence in order to receive medical treatment, STI testing/prevention or pregnancy prevention medication.
13 YEARS AND OLDER
Consent OR decline collection of evidence
Consent to hold or release evidence
Consent to testing
UNDER 13 YEARS OR ADULT WITH GUARDIAN
Consent OR decline collection of evidence
Need written consent of parent, guardian, POA, Law Enforcement or DCFS to release evidence collection for testing

EVIDENCE COLLECTON OPTIONS OVERVIEW

Victims have the right to consent or decline to each step of the process. They do not need to complete the entire evidence collection process to participate.
Photographic Evidence
  • Must be offered by hospital, victim must CONSENT or DECLINE and initial choice on paperwork
  • Photographs are taken by nurse or medical professional
      • Victims can choose what they would like photographed
Evidence Collection Kit Paperwork
YOUR RIGHTS & CHOICES FOR A MEDICAL FORENSIC EXAM
EVIDENCE COLLECTION FOR VICTIMS WITH DISABILITIES
Reporting Decision and Evidence Analysis
  • Option A – Speak with Law Enforcement
      • Release or Hold Evidence
  • Option B – Allow Health Care Professional to Speak to Law Enforcement on Their Behalf
      • Release or Hold Evidence
  • Option C – Do not report to Law Enforcement or Participate in Investigation
      • Evidence is Held
If Choosing to Hold Evidence:
  • 18 Years & Older – 10 Years
  • 17 Years & Younger – 10 years or until 28th birthday

DRUG FACILITATED SEXUAL ASSAULT

A SURVIVOR CANNOT BE CHARGED FOR ALCOHOL OR SUBSTANCES THEY CONSUMED WILLINGLY PRIOR TO THE ASSAULT.
Survivors have the right to have their urine tested regardless of their willingness to participate in recreational drug use.
Results SHOULD NOT be used against the survivor by Law Enforcement or in court.
ALL FORMS CAN BE FOUND ON THE ISP WEBSITE: Forensic Sciences Command (illinois.gov)
Consent to Toxicology
INFORMATION FOR DRUG FACILITATED SA: PATIENT INFORMATION SHEET
Patient Discharge Materials
Medical Personnel Instruction Sheet – Urine Collection

ALL FORMS FOR THE EVIDENCE COLLECTION KIT CAN BE FOUND ON ILLINOIS STATE POLICE WEBSITE: https://isp.illinois.gov/Forensics/Forms

Additional Resources: Forensic Sciences Command (illinois.gov)

Northwest Center Against Sexual Assault
Cook County Crisis Hotline: 888-802-8890 | McHenry County Crisis Hotline: 800-892-8900
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