What is the duty to preserve evidence and how can delays affect cases?

• A. Preserve only forensic evidence; other items can be discarded if delayed.
• B. Delays are not harmful if the case is strong; no need to document.
• C. Preserve all relevant evidence; delays risk spoliation and may harm credibility; document reasons for delays.
• D. It is acceptable to wait until trial to gather more evidence.

Answer: (C)

The main idea is that there is a duty to protect all information that could be relevant to a case, not just the obvious pieces. In sexual assault and family violence matters, preserving every item that could matter helps ensure a fair outcome. This means safeguarding medical records, SANE exam notes, photographs of injuries, clothing, digital communications (texts, emails, social media), witness statements, incident reports, surveillance footage, and any other material that could influence what happened or how it’s understood.

Delays matter because evidence can decay, be lost, or be altered over time. If evidence is not kept intact, it’s at risk of spoliation—the destruction or failure to preserve information relevant to the case. Spoliation can undermine the credibility of the person reporting the incident and the overall trustworthiness of the proceedings, and it can lead to sanctions or adverse inferences, depending on the jurisdiction. That’s why documenting why any delay occurred is important: it shows you taken steps to protect evidence and helps explain unavoidable reasons for a later delay.

A proactive approach—like issuing a preservation hold to prevent destruction, securing the evidence early, maintaining a clear chain of custody, and promptly gathering and safeguarding all relevant materials—is essential. Waiting to gather more evidence at trial or assuming delays won’t hurt the case ignores the risk of losing key information and the integrity of the process.

Preserving more than just forensic items and recognizing the potential impact of delays on credibility and outcomes are why this duty is so important.