ii. States must guarantee that the victims of sexual violence are properly informed of the protocols used in
forensic examinations and all other procedures for gathering evidence that involve them.
iii. States must take the necessary measures to prioritize protecting the physical and psychological integrity
of victims and/or witnesses in procedures to gather and archive evidence related to acts of sexual violence.
iv. States must take the necessary measures to ensure that professionals involved in gathering evidence
limit the number of examinations and interviews performed, and ensure that they are conducted in a
reassuring and confidential environment in order to minimize the re-victimization of victims.
v. States must ensure that these professionals receive specific training on gathering, using, preserving and
archiving evidence related to acts of sexual violence, including for procedures involving children.
vi. Taking into account the lack of medical personnel in certain areas (especially rural areas) or during
times conflict and crisis, States must take the necessary measures to extend training in evidence-gathering
and enable certain types of medical personnel, such as nurses and midwives, to gather evidence. These
personnel should be specially trained (according to the recommendations 14 and 15 set forth in these
Guidelines).
vii. As far as possible, States must guarantee that forensic services are provided at no cost.
b. Procedures for the collection and preservation of forensic evidence
i. States must implement a mechanism enabling the rigorous collection and preservation of forensic
evidence related to acts of sexual violence (DNA sampling, samples of blood, hair, saliva, sperm, etc.), to
ensure that the evidence is admissible throughout the criminal proceedings.
ii. States must guarantee that the professionals involved in investigation and prosecution are provided with
equipment for the collection, analysis, preservation and storage of evidence that is sufficient, effective, safe
and of high quality. Specific equipment must also be provided in cases involving sexual violence against
children. This equipment must enable the collection and preservation of evidence such that the evidence
is admissible throughout the criminal proceedings, even if the victim decides to lodge complaints several
weeks or months after the crime takes place.
iii. The evidence must be digitally stored under conditions that guarantee the security of victims, witnesses
and those responsible for gathering the evidence, as much as possible.
40. 5. Informed consent of victims in gathering forensic evidence
a. Information and informed consent
States must take all necessary measures so that professionals in the medical and judicial sector properly
victims of sexual violence, in a language that they understand, of the procedures to gather forensic
evidence related to the violence that they have undergone. This information must enable the victims to
give their consent to be examined and/or photographed. Victims of sexual violence should be informed of
the confidential nature, where applicable, of the information that they provide during any forensic medical
examination. They must be consulted and give informed consent before their contact information or any
other information regarding them is shared with third parties. Such consent must be obtained both orally
and in writing as much as possible.
GUIDELINES ON COMBATING SEXUAL VIOLENCE
AND ITS CONSEQUENCES IN AFRICA
33