Author(s)

Rose Constantino, Carol Stewart, Polly Campbell, Barbara Moynihan, Susan Kagan, Patricia Daugherty, Kathleen Thimsen, Lynda Tiefel, Colleen O’Brien, Jennifer Johnson

Collarborative BScN Nursing Program, Seneca College of Applied Arts & Technology, King City, Canada.
Community Nursing Services, Southern Illinois University School of Nursing, Edwardsville, USA.
Department of Health and Community Systems, University of Pittsburgh School of Nursing, Pittsburgh, USA.
Forensic Assessment Consultation and Treatment Program, Shawnee Mission Medical Center, Merriam, USA.
Harborview Medical Center, Seattle, USA.
International Association of Forensic Nurses, Sexual Assault Forensic Examiner Program, Office of the Attorney General, Augusta, USA.
Quinnipiac University, Hamden, USA.
Tennessee Department of Health, Health Related Boards/Office of Investigations, Greeneville, USA.
Tiefel Legal Consulting, Tallahassee, USA.
Wisconsin Department of Justice, Ridgeway, USA.

Forensic nurses are faced with making an ethical decision when an unconscious patient presents with signs of sexual assault. If the patient is unable to consent, the nurses need to decide whether or not to perform a forensic exam. Hospitals have policies in place regarding consent for emergency care, but not all of them consider the collection of forensic evidence. The window of opportunity for forensic collection may disappear before contacts are made or proper consent is established. Ethical, legal, and policy considerations that complicate this scenario are discussed.

Forensics; Forensic Nursing; Sexual Assault; Ethical Considerations in Sexual Assault; Legal Aspect of Sexual Assault; Informed Consent in Sexual Assault

Constantino, R. , Stewart, C. , Campbell, P. , Moynihan, B. , Kagan, S. , Daugherty, P. , Thimsen, K. , Tiefel, L. , O’Brien, C. and Johnson, J. (2014) Evidence Collection for the Unconscious and Unconsented Patient. Open Journal of Nursing, 4, 287-295. doi: 10.4236/ojn.2014.44033.