San Francisco DA Boudin Denounces SFPD Use of Sexual Assault Victim DNA in Crime Investigations
SAN FRANCISCO (CBS SF) – San Francisco District Attorney Chesa Boudin on Monday denounced the use of rape kit DNA as crime evidence against sexual assault victims, reportedly in connection with a recent SFPD investigation.
Boudin's office said that the district attorney has learned that a law enforcement database with DNA collected from sexual assault victims was currently being used to searched for and identify possible suspects in other crimes. Boudin condemned the practice.
"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 the 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."
According to a report published in the San Francisco Chronicle, Boudin's criticism stems from a case he learned about last week where San Francisco police linking a woman to a recent property crime by using DNA from a years-old rape kit.
Boudin said using a victim's stored data to investigate an entirely different crime could be a search and seizure violation, in addition to discouraging other sexual assault victims from coming forward.
"There are already so many barriers to sexual assault survivors coming forward to report their crime, to go through the very challenging process of doing a rape kit and the idea that we would also signal to survivors that if you provide a DNA sample then that might be used against you in the future, that's just horrible," said State Senator Scott Wiener. "We want to create an atmosphere where survivors feel safe and supported."
"If that is allowed under current California law, then we're definitely going to look at legislation to outlaw it," he added.
SFPD Chief Bill Scott told KPIX 5 his department will immediately begin reviewing its DNA collection practices and policies and, if the DA's allegations turn out to be true, he is committed to ending that practice.
"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," Chief Scott said in a statement.
While Boudin and Scott have been at odds in recent weeks over SFPD allegations Boudin's office mishandled a criminal investigation into a police officer's use of force, Scott said "we agree that this issue needs to be addressed."
Boudin has scheduled a press conference for Tuesday morning to address his concerns.
Betty Yu contributed to this report.