Sexual assault kits, known as Sexual Assault Evidence Kits (SAEK) are a form of documentary evidence that are less common in Canadian criminal trials. When a SAEK is completed and submitted to police as evidence, the kit may be tested to collect evidence to assist the Crown in proving their case. A report of the findings will be generated, and the report will be used as evidence.
Like other forms of documentary evidence, the SAEK report must be authenticated before being admitted as evidence against the accused. To authenticate the report at trial, the Crown may call a witness to testify about the accuracy and contents of the report.
Person A is on trial for raping person B. Person A and person B are strangers. After being assaulted, person B had a sexual assault kit done at the local hospital. The results show that person A’s semen was found inside person B’s vagina, proving they had sexual intercourse.
At trial, the Crown introduces the DNA results collected form person B’s rape kit to prove that the person A had sexual intercourse with person B. The Crown calls the nurse who completed the sexual assault kit to authenticate the document.