San Francisco: DNA collected as part of rape exam used to link a woman to a crime

The DNA collected as part of a rape exam in San Francisco has been used by the local police to link a woman to a crime.

The city’s district attorney has alleged that the move violates the constitutional protection against unreasonable searches and seizures as well as California’s Victims’ Bill of Rights.

The police crime lab “attempts to identify crime suspects” by searching a law enforcement database that includes DNA collected from sexual assault victims, District Attorney Chesa Boudin said.

“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 statement.

“We should encourage survivors to come forward — not collect evidence to use against them in the future.”

“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,” said state senator Scott Wiener, who represents the city.

San Francisco Police Chief Bill Scott said he has ordered an investigation.

“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 said.

San Francisco Supervisor Hillary Ronen said she learned about the alleged practice last weekend and has asked the city attorney’s office to draft legislation barring the use of rape kit evidence except to investigate the rape, the Chronicle reported.

(With inputs from agencies)