[Warning: Potentially Triggering Content]
A woman is suing the city San Francisco after police used DNA from her sexual assault case – which she provided to help catch her rapist! – to arrest her for a crime unrelated to property.
The victim, who chose to remain anonymous, filed a lawsuit against the city Monday after San Francisco Police Department searched their crime lab database to link DNA from her 2016 rape case to a burglary that took place in late 2021, according to ABC News. She explained in a statement in March to KTVU:
“I did not know that it would be used against me. I didn’t know that could happen. I didn’t know that was even possible. I just feel violated again.”
It is traumatic for this poor woman to have such sensitive information, from a VERY sensitive situation, used against her. Even if she is accused of committing a crime, this kind of practice seems unethical at all. Are you going to accuse someone by taking her DNA through your own unethical means?
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We are not the only ones put off by this. Former District Attorney Chesa Boudin explained in February that the disclosure raised many privacy concerns. And Adande Pointerattorney for the unnamed victim, currently speaking with Related press about this situation. He revealed in a statement Tuesday:
“This is the government’s excessive intrusion of the highest order, using the unique and personal thing we have – our genetic code – that we don’t know to try to connect them. me with criminals.”
News of the sensational case spread across the country, stirring outcry from advocates, law enforcement, legal experts and lawmakers. According to the AP news agency, federal law prohibits giving a victim’s DNA to a national agency Combined DNA Index Systemhowever, there is no California state law that prohibits local law enforcement from withholding the victim’s DNA and using it for other purposes.
The problem here is obvious. Many lawmakers argue that this method can prevent victims from accessing law enforcement. The harm from the release of rapists will certainly outweigh any positives from charging others, such as theft. Right?
However, change is underway, as last month the California legislature passed a bill banning the use of DNA samples collected from victims, particularly those of sexual assault, used for any reason other than identifying a suspect for that crime. The legislation would also prohibit local law enforcement from withholding DNA from victims for use in finding unrelated crimes and to bring charges, pending the Governor. Gavin Newsomof consent.
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Regarding the arrest of the victim who filed the lawsuit, former Boudin District Attorney explained that she found the report among hundreds of pages of evidence against the victim who was charged with property in 2021, and upon discovering source of DNA, she dropped a felony. fees. Sheriff Bill Scott explains that his crime lab stopped this operation after receiving a complaint from the DA office – and shortly after changing its policy to prevent such profiling taking place in future. He added that there had been 17 crime victim records found in March, 11 of which were rape kits, linked to potential suspects of unrelated cases, using search database. He believes the only victim caught is the person who filed the lawsuit.
What are your thoughts on the matter of legal difficulty, What are the long-time nicknames? Do you think it is unethical? Let us know in the comments below).
If you or someone you know is being sexually assaulted, get help through the National Sexual Assault Hotline at 1-800-656-4673
[Images via NBC Bay Area/YouTube]