A rape victim whose DNA from her sexual assault case was used by San Francisco police to arrest her in an unrelated property crime is suing the city
FILE - Former San Francisco District Attorney Chesa Boudin holds a report during a news conference in San Francisco on Feb. 15, 2022. Boudin said the report showed DNA collected by San Francisco police from a woman who was sexually assaulted was used by police detectives to arrest her years later in an unrelated property crime. Attorney Adante Pointer said Monday, Sept. 12, 2022, he has filed a lawsuit against San Francisco on the woman's behalf.
Federal law already prohibits the inclusion of victims’ DNA in the national Combined DNA Index System. There is no corresponding law in California to prohibit local law enforcement databases from retaining victims’ profiles and searching them years later for entirely different purposes. Boudin said the report was found among hundreds of pages of evidence against a woman who had been recently charged with a felony property crime. After learning the source of the DNA evidence, Boudin dropped the felony property crime charges against the woman.
Scott said at a police commission meeting in March that he had discovered 17 crime victim profiles, 11 of them from rape kits, that were matched as potential suspects using a crime victims database during unrelated investigations. Scott said he believes the only person arrested was the woman who filed the lawsuit Monday.
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