San Francisco police used DNA collected as part of a rape exam to link a woman to a crime, possibly violating her constitutional rights, the city’s district attorney alleged, according to The Guardian.
The department’s crime lab entered the DNA profiles of
potentially thousands of sexual assault victims over “many years” to a database
that is used to identify suspects, the San
Francisco Chronicle reported. District attorney Chesa Boudin, who said
his office first learned of the practice last week, told the newspaper such use
of victims’ DNA could violate the California’s
Victims’ Bill of Rights as well as constitutional laws related to
unreasonable searches and seizures.
The woman’s DNA, which was collected in a rape exam as part
of a domestic violence and sexual abuse case several years ago, was used to
link her to a felony property crime in the city. Police identified her in the
crime based on evidence from the rape exam, Boudin said.
The district attorney expressed concerns the practice would
deter victims of sexual assault, which is widely underreported in
the US, from coming forward.
“Law enforcement retaining and using DNA collected from
survivors’ sexual assault exams to incriminate them hurts survivors,” Boudin
said on Twitter.
“Public safety demands that we support sexual assault survivors and end any
practices that dissuade them from coming forward.”
Bill Scott, the San Francisco police chief, told the
Chronicle the woman could have been identified in the property crime via DNA
found in a different database, rather than a profile collected from a rape
exam. Scott also said the department “would thoroughly review the matter” and
report back to him and the district attorney’s office.
State senator Scott Wiener, who represents the city, said
lawmakers were seeking to determine whether a change in state law was needed to
prevent the practice. “Getting a rape kit can be re-traumatizing. Having that
DNA placed in a database for future use creates yet another incentive not to do
it. It’s unacceptable,” he said on Twitter.
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