SF District Attorney: Crime Labs In SF, Across California Are Misusing DNA From Rape Kits
SAN FRANCISCO (KPIX) -- In the latest salvo between the San Francisco district attorney and the police department, DA Boudin says SFPD and crime labs across the state are is using DNA from rape kits to identify suspects in crimes.
Boudin says San Francisco police database with DNA collected from sexual assault victims is searched to identify possible suspects.
Prosecutors say a recent police crime lab report shows a rape kit sample from 2016 was used to compare it to DNA left at a crime scene recently.
"That trust has been abused not just by the San Francisco Police Department crime but we have reason to believe by crime labs all across the state of California," said Boudin.
He believes this practice is "routine" within the San Francisco Police Department.
SFPD says if true, it has to end.
"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," said San Francisco Police Chief Bill Scott in a statement.
It's unclear how many sexual assaut victims' DNA are stored in law enforcement data base.
"We don't know because the process has been opaque and hidden from public view," said Boudin.
Boudin's office isn't sharing the lab documents fearing the person's identity will be compromised.
Victims' rights advocacy groups are outraged.
"We don't know how she got from rape to the crime scene but we do know it is unacceptable to dig into a crime database for something that had nothing to do with why she gave that data," Black Women Revolt Against Domestic Violence Executive Director Paméla Tate.
San Francisco Supervisor Hillary Ronen has already asked the city attorney's office to draft legislation to make the practice illegal.
"Hopefully in a few short months there won't be any question about us legality because it will be explicitly illegal in San Francisco if this legislation passes," said Ronen.
Boudin says the practice is a clear violation of victims' rights, and the 4th amendment of the Constitution protecting citizens from unreasonable searches and seizures by the government.
"We will fight for you, we will respect your dignity and your privacy and your courage and your integrity and we will not abuse that trust," said Boudin.
Boudin says he will not prosecute cases like this, that involve DNA taken from rape kits.
