Sexual Assault Evidence Kits (SAEK)
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 sexually assaulting 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.
More Legal Information
In criminal cases, there are very strict rules governing what evidence can be used and how it can be used.
The rights enjoyed of all those within Canada are contained in the Canadian Charter of Rights and Freedoms.
Criminal procedure is the process by which an accused person is arrested and brought through the justice system.
Sentencing refers to the punishment that is ordered when an individual is found guilty of a criminal offence.