SAN FRANCISCO - Every day, DNA is routed through local, state and federal databases to identify suspected criminals.
A technological breakthrough that’s allowed law enforcement to solve unprecedented numbers of crimes, its use has simultaneously garnered praise along with major privacy concerns.But this week’s revelation that the San Francisco police crime lab used a sexual assault victim’s DNA against her in an unrelated property crime case — and the allegation that it may be a common practice in California — has prompted a national outcry among law enforcement, legal experts, lawmakers and advocates.Police investigators allegedly used a sexual assault victim’s DNA, collected as part of a rape kit in 2016, to tie her to a burglary in late 2021, according to District Attorney Chesa Boudin.
The woman initially faced a felony property crime offense but the charges have since been dropped.Victim samples cannot be uploaded to state and federal DNA databases.
But local databanks operate with much less — if any — regulations and oversight and it may be legal in California to use a victim’s DNA like the investigators did."It’s absolutely unethical, there’s no question in my mind that it’s unethical," said Chris Burbank, former Salt Lake City police chief who is now the Center for Policing Equity’s vice president of law enforcement strategy. "The question is not ‘Can we do that?’ The question should always be ‘Should we do that?’"Boudin said he was told it was standard procedure, but he has not offered proof.