The 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.
While the state Department of Justice does not oversee these local databanks, a statement makes the agency's position clear. “Bottom line: Victim DNA reference samples should never be used as criminal evidence.”
He said that when collecting a DNA sample from victims of sexual assault the San Francisco Police Department uses a consent form that does not mention whether the DNA is stored indefinitely or used for other purposes. Just because the law doesn't seem to specifically forbid the practice of using a victim's DNA against them, experts say it's almost unfathomable it was even considered — let alone carried out.
“We need to protect that DNA from misuse,” he said. “We really need to shore that up and make sure that we’re supporting survivors.”
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