On Wednesday, September 21, 2022 at 10:27:58 PM UTC-5, Ed Debevic wrote:

On Tue, 20 Sep 2022 18:19:47 -0000 (UTC), "Leroy N. Soetoro" <democrat-...@mail.house.gov> wrote:

https://abc7.com/rape-kit-dna-san-francisco-victim-lawsuit- >privacy/12226725/

SAN FRANCISCO -- A rape victim whose DNA from her sexual assault case was >used by San Francisco police to arrest her in an unrelated property crime >on Monday filed a lawsuit against the city.

During a search of a San Francisco Police Department crime lab database, >the woman's DNA was tied to a burglary in late 2021. Her DNA had been >collected and stored in the system as part of a 2016 domestic violence and >sexual assault case, then-District Attorney Chesa Boudin said in February >in a shocking revelation that raised privacy concerns.

"This is government overreach of the highest order, using the most unique >and personal thing we have - our genetic code - without our knowledge to >try and connect us to crime," the woman's attorney, Adante Pointer, said
in a statement.

The revelation prompted a national outcry from advocates, law enforcement, >legal experts and lawmakers. Advocates said the practice could affect >victims' willingness to come forward to law enforcement authorities.

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.

California lawmakers last month approved a bill that would prohibit using >the DNA profiles collected by police from sexual assault survivors and >other victims for any purpose other than aiding in identifying the >perpetrator. Local law enforcement agencies would also be prohibited from >retaining and then searching victim DNA to incriminate them in unrelated >crimes under the legislation, which is pending before Gov. Gavin Newsom.

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.

The police department's crime lab stopped the practice shortly after >receiving a complaint from the district attorney's office and formally >changed its operating procedure to prevent the misuse of DNA collected
from sexual assault victims, Police Chief Bill Scott said.

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.

The woman filed the lawsuit under the alias of Jane Doe to protect her >privacy, Pointer said The Associated Press generally does not name people >who say they have been sexually assaulted unless they choose to be named.

California allows local law enforcement crime labs to operate their own >forensic databases that are separate from federal and state databases. The >law also lets municipal labs perform forensic analysis, including DNA >profiling, and use those databases - without regulation by the state or >others.

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