Preservation of Evidence

The College recognizes that making the decision to report discrimination, harassment, sex or gender-based harassment, sexual harassment, sexual assault, domestic and dating violence, stalking, sexual exploitation, or other forms of sexual misconduct often takes time. Nevertheless, pending the decision to report, individuals are strongly encouraged to take immediate steps to preserve all evidence that might support a future report or an investigation by the College, law enforcement, or both.

A. General Preservation

How to preserve evidence depends on circumstances, but in all cases, documentation is important.

• Document dates, times, witnesses, and descriptions of incidents in a journal or log.
• Save electronic exchanges (e.g., text messages, phone call logs, emails, and Facebook, Instagram, Snapchat, or other social media posts, to the extent that they can be captured or preserved).
• Photographs (including photographs stored on smartphones and other devices)
• Voice-mail messages and other physical, documentary and/or electronic data that might be helpful or relevant in an investigation.
• Electronic and photographic evidence that may be lost through the upgrade or replacement of equipment (including smartphones), software and/or accounts or may simply be lost to the passage of time.

B. Following A Sexual Assault

Seek forensic medical assistance at the nearest hospital, ideally within 120 hours of the incident (sooner is better).

• Avoid urinating, showering, bathing, washing hands or face, or douching, if possible, but evidence may still be collected even if you do.
• If oral sexual contact took place, refrain from smoking, eating, drinking, or brushing your teeth.
• If clothes are changed, place soiled clothes in a paper bag (plastic destroys evidence) or a secure evidence container (if provided one by law enforcement).
• Seeking medical treatment can be essential, even if it is not for the purpose of collecting forensic evidence.

Sexual Assault Forensic Exams (SAFE Exams) provide compassionate, patient-centered, and professional care for sexual assault survivors after an assault. Survivors are treated by trained Department of Health certified sexual assault forensic examiners in a private examination room. Exams include evaluation, treatment, referral, and follow-up. The exam ensures the quality of collection, documentation, preservation, and custody of physical evidence. This service is free of charge for survivors. Having a SAFE Exam completed does not mean that you need to press charges with law enforcement. 

Note: Under New York State law, a reporting victim has the right to be accompanied by an advocate at no cost. Under New York State law, a victim can elect to have the hospital or medical provider seek direct reimbursement from the New York State Office of Victim Services for the cost of an exam (regardless of whether the victim chooses to press criminal charges), and regardless of whether the victim has health insurance or is insured on their parent or guardian’s plan. The Office of Victim Services offers other programs that can assist victims and survivors with reimbursement for certain costs when they are an innocent victim of crime. An advocate can provide additional information. Advocate information and program details may be found at the Office of Victim Services.

SAFE Exams can be conducted at both Vassar Brothers Medical Center and Mid-Hudson Regional Hospital in Poughkeepsie.

Vassar Brothers Medical Center SAFE Exam: (845) 454-8500 (24/7)
Mid-Hudson Regional Hospital SAFE Exam: (845) 483-5000 (24/7)
Website: Sexual Assault Forensic Examiner (SAFE) Program