San Francisco District Attorney Chesa Boudin is alleging that DNA collected from rape victims is being used by police to help identify them as possible suspects in other crimes.
According to Boudin, a woman was recently arrested on suspicion of felony property crime after police identified her using rape-kit evidence she gave as a victim in a separate case.
Boudin's office has thoroughly denounced the practice, having just learned about it through details buried in the aforementioned case's file. The city's top prosecutor said the practice may violate both the state Marcy's law and the fourth amendment of the U.S, constitution.
"Rapes and sexual assault are violent, dehumanizing, and traumatic. I am disturbed that victims who have the courage to undergo an invasive examination to help identify their perpetrators are being treated like criminals rather than supported as crime victims," Boudin said in a press release. "We should encourage survivors to come forward—not collect evidence to use against them in the future. This practice treats victims like evidence, not human beings. This is legally and ethically wrong. My office is demanding that this practice end immediately, and is encouraging local and state legislators to introduce legislation to end this practice in California. We remain committed to doing everything in our power to support survivors of sexual violence."
Rachel Marshall, Director of Communications for the District Attorney's Office, said in a press conference Tuesday it's concerning especially if this is a standard practice.
"This is the case that made us aware of this problem," she said. "This is a systemic problem that we have confirmed with the crime lab is happening. Victims and sexual assault victims' privacy has been violated. We don’t know if there have been children in that database. That is our concern."
In an unusual alignment, San Francisco Police Chief Bill Scott concurred with Boudin, saying in a statement that if this practice is occurring within his department, then it must be stopped.
"We must never create disincentives for crime victims to cooperate with police, and if it's true that DNA collected from a rape or sexual assault victim has been used by SFPD to identify and apprehend that person as a suspect in another crime, I’m committed to ending the practice," he explained.
Scott said that the department's investigation bureau and the assistant chief for operations are reviewing the matter.
"Whatever disagreements District Attorney Boudin and I may have, we agree that this issue needs to be addressed," he added.
State Senator Scott Weiner said that his office is actively reviewing whether state law allows rape kit DNA to be used in unrelated future investigations, and, if it's found to be permitted, he'll introduce legislation to ban the practice.
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