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San Francisco District Attorney Chesa Boudin (C) speaks during a press conference at his office on February 15, 2022 in San Francisco, California. San Francisco D.A. Chesa Boudin spoke out against the San Francisco Police Department's practice of logging DNA evidence from rape kits into their crime database to use as evidence in other crimes. (Photo: Justin Sullivan/Getty Images)
This week, San Francisco District Attorney Chesa Boudin came forward with a stunning claim: That the San Francisco Police Department's crime lab uses DNA evidence obtained from rape kits and entered into a DNA database to try to identify suspects in other crimes.
What's so gutting about these allegations is that their very existence may be enough to deter some victims from reporting and getting the care they need.
Police chief William Scott said Monday that "existing DNA collection policies have been legally vetted and conform with state and national forensic standards," but also said the department will begin reviewing how it handles victims' DNA in light of assertions made by Boudin, who said, "this practice treats victims like evidence, not human beings." Boudin faces a June recall election and has been in conflict with police over use-of-force investigations.
Police had already arrested one woman, Boudin said, for a property crime after identifying her from DNA evidence collected after a rape examination she underwent in 2016 as part of a domestic violence case. The San Francisco Police Chief has said that, if these allegations are true, he is "committed to ending the practice."
Boudin has not provided specific evidence to support his claim. And, Tuesday, during a news conference, he declined to provide more details and did not specify whether the woman arrested for the property crime is a victim or an alleged assailant in the 2016 case.
According to Boudin, this practice would violate California's constitution, and potentially the Fourth Amendment of the United States Constitution, which protects against unreasonable searches and seizures.
Whatever is ultimately determined about the police department's lab, the damage may already be done. If rape survivors believe that the evidence collected in their rape kits could be used against them, that's one more reason on an already-long list to not trust the criminal justice system--or seek justice at all.
What's so gutting about these allegations is that their very existence may be enough to deter some victims from reporting and getting the care they need. Many people only read headlines and soak up the top lines of various news stories, skimming over the details. And the top line here is: Police can use your rape kit DNA to prosecute you for future crimes. Even if that's not exactly what's happening--or even if it has been happening, but San Francisco puts a stop to it--that will be the takeaway. This is not an easily correctable mistake. It could have a long tail of repercussions.
It's worth asking, too, how the San Francisco Police Department is using its resources. While the department was allegedly using rape kit DNA to find the perpetrator of a property crime, its clearance rate for rape cases was a measly 12.1% last year, according to department figures--meaning the perpetrators of close to nine out of 10 reported rapes in San Francisco were never arrested, let alone convicted or taken off the streets. That's a rate far lower than the (also shamefully low) national average of 32.9%, according to FBI data. San Francisco's rape clearance rate is lower than the clearance rates in other large cities including New York and Chicago.
A number of police departments and crime labs also routinely mismanage or deprioritize rape cases. In California, some 14,000 rape kits are sitting untested.
It's on every district attorney and every police department the nation over not just to correct the most egregious mistreatment of evidence, but to correct the egregious and systemic mistreatment of rape and domestic violence survivors police are sworn to serve and protect.
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This week, San Francisco District Attorney Chesa Boudin came forward with a stunning claim: That the San Francisco Police Department's crime lab uses DNA evidence obtained from rape kits and entered into a DNA database to try to identify suspects in other crimes.
What's so gutting about these allegations is that their very existence may be enough to deter some victims from reporting and getting the care they need.
Police chief William Scott said Monday that "existing DNA collection policies have been legally vetted and conform with state and national forensic standards," but also said the department will begin reviewing how it handles victims' DNA in light of assertions made by Boudin, who said, "this practice treats victims like evidence, not human beings." Boudin faces a June recall election and has been in conflict with police over use-of-force investigations.
Police had already arrested one woman, Boudin said, for a property crime after identifying her from DNA evidence collected after a rape examination she underwent in 2016 as part of a domestic violence case. The San Francisco Police Chief has said that, if these allegations are true, he is "committed to ending the practice."
Boudin has not provided specific evidence to support his claim. And, Tuesday, during a news conference, he declined to provide more details and did not specify whether the woman arrested for the property crime is a victim or an alleged assailant in the 2016 case.
According to Boudin, this practice would violate California's constitution, and potentially the Fourth Amendment of the United States Constitution, which protects against unreasonable searches and seizures.
Whatever is ultimately determined about the police department's lab, the damage may already be done. If rape survivors believe that the evidence collected in their rape kits could be used against them, that's one more reason on an already-long list to not trust the criminal justice system--or seek justice at all.
What's so gutting about these allegations is that their very existence may be enough to deter some victims from reporting and getting the care they need. Many people only read headlines and soak up the top lines of various news stories, skimming over the details. And the top line here is: Police can use your rape kit DNA to prosecute you for future crimes. Even if that's not exactly what's happening--or even if it has been happening, but San Francisco puts a stop to it--that will be the takeaway. This is not an easily correctable mistake. It could have a long tail of repercussions.
It's worth asking, too, how the San Francisco Police Department is using its resources. While the department was allegedly using rape kit DNA to find the perpetrator of a property crime, its clearance rate for rape cases was a measly 12.1% last year, according to department figures--meaning the perpetrators of close to nine out of 10 reported rapes in San Francisco were never arrested, let alone convicted or taken off the streets. That's a rate far lower than the (also shamefully low) national average of 32.9%, according to FBI data. San Francisco's rape clearance rate is lower than the clearance rates in other large cities including New York and Chicago.
A number of police departments and crime labs also routinely mismanage or deprioritize rape cases. In California, some 14,000 rape kits are sitting untested.
It's on every district attorney and every police department the nation over not just to correct the most egregious mistreatment of evidence, but to correct the egregious and systemic mistreatment of rape and domestic violence survivors police are sworn to serve and protect.
This week, San Francisco District Attorney Chesa Boudin came forward with a stunning claim: That the San Francisco Police Department's crime lab uses DNA evidence obtained from rape kits and entered into a DNA database to try to identify suspects in other crimes.
What's so gutting about these allegations is that their very existence may be enough to deter some victims from reporting and getting the care they need.
Police chief William Scott said Monday that "existing DNA collection policies have been legally vetted and conform with state and national forensic standards," but also said the department will begin reviewing how it handles victims' DNA in light of assertions made by Boudin, who said, "this practice treats victims like evidence, not human beings." Boudin faces a June recall election and has been in conflict with police over use-of-force investigations.
Police had already arrested one woman, Boudin said, for a property crime after identifying her from DNA evidence collected after a rape examination she underwent in 2016 as part of a domestic violence case. The San Francisco Police Chief has said that, if these allegations are true, he is "committed to ending the practice."
Boudin has not provided specific evidence to support his claim. And, Tuesday, during a news conference, he declined to provide more details and did not specify whether the woman arrested for the property crime is a victim or an alleged assailant in the 2016 case.
According to Boudin, this practice would violate California's constitution, and potentially the Fourth Amendment of the United States Constitution, which protects against unreasonable searches and seizures.
Whatever is ultimately determined about the police department's lab, the damage may already be done. If rape survivors believe that the evidence collected in their rape kits could be used against them, that's one more reason on an already-long list to not trust the criminal justice system--or seek justice at all.
What's so gutting about these allegations is that their very existence may be enough to deter some victims from reporting and getting the care they need. Many people only read headlines and soak up the top lines of various news stories, skimming over the details. And the top line here is: Police can use your rape kit DNA to prosecute you for future crimes. Even if that's not exactly what's happening--or even if it has been happening, but San Francisco puts a stop to it--that will be the takeaway. This is not an easily correctable mistake. It could have a long tail of repercussions.
It's worth asking, too, how the San Francisco Police Department is using its resources. While the department was allegedly using rape kit DNA to find the perpetrator of a property crime, its clearance rate for rape cases was a measly 12.1% last year, according to department figures--meaning the perpetrators of close to nine out of 10 reported rapes in San Francisco were never arrested, let alone convicted or taken off the streets. That's a rate far lower than the (also shamefully low) national average of 32.9%, according to FBI data. San Francisco's rape clearance rate is lower than the clearance rates in other large cities including New York and Chicago.
A number of police departments and crime labs also routinely mismanage or deprioritize rape cases. In California, some 14,000 rape kits are sitting untested.
It's on every district attorney and every police department the nation over not just to correct the most egregious mistreatment of evidence, but to correct the egregious and systemic mistreatment of rape and domestic violence survivors police are sworn to serve and protect.