Though federal law prohibits using DNA from victims in the national Combined DNA Index System, states and cities often retain DNA in their own databases.
Justin Sullivan / Getty ImagesThen - San Francisco District Attorney Chesa Boudin decline to engage the cleaning lady in February 2022 when he found out how her DNA had been receive .
In 2016 , a adult female identified as “ Jane Doe ” reported a sexual assault and submitted her desoxyribonucleic acid to a rape kit . Five years later , law in San Francisco used that DNA to arrest her for a property offense . Now , she ’s suing the city .
“ This is political science overreach of the highest Holy Order , using the most unique and personal matter we have — our genetic code — without our knowledge to try and tie us to crime , ” the woman ’s attorney , Adante Pointer , said in a statement , as reported by ABC 7 .
Justin Sullivan/Getty ImagesThen-San Francisco District Attorney Chesa Boudin declined to prosecute the woman in February 2022 when he found out how her DNA had been obtained.
According toThe New York Times , he added : “ You ’d think this is some type of sci - fi pic . But it ’s real life history . ”
ABC 7 reports that after police used the cleaning lady ’s DNA to commit her in 2021 with a felony property criminal offense , then - District Attorney Chesa Boudin drip the charges against her after learning how the DNA had been obtained . At a news show league in February 2022 , he enunciate that she and others had been used “ like evidence , not human beings . ”
“ The exchange is you ’re going to use this desoxyribonucleic acid for a specific purpose , which is to pursue the individual who violate me , ” Pointer toldThe New York Times . “And instead , the police bend into the violator here . ”
YouTubeJane Doe’s lawyer, Adante Pointer, seen here speaking in 2016, called her arrest “government overreach of the highest order.”
AsUSA Todayreports , federal law prohibits storing victims ’ desoxyribonucleic acid in the home Combined DNA Index System ( CODIS ) . However , law department in California — and elsewhere in the United States — are free to keep back victims ’ DNA to examine later .
Dan Krane , a biota prof at Wright State University in Dayton , Ohio , who has explore the use of DNA in vicious investigations , called local law departments “ impression collectors ” when it came to collecting and retaining DNA . “ The more people they can get in the database , the glad they are , ” he toldThe New York Times .
YouTubeJane Doe ’s lawyer , Adante Pointer , interpret here talk in 2016 , called her arrest “ administration overreach of the highest order . ”
However , the breakthrough of how Jane Doe ’s rape kit desoxyribonucleic acid was used to check her later has enkindle a calculation in San Francisco . According to ABC 7 , the police force department ’s crime lab break using victim ’ desoxyribonucleic acid after receiving the complaint from the district attorney ’s role and alter their operating procedure .
constabulary Chief Bill Scott further explained during a constabulary commission meeting in March that an investigation see that 17 criminal offense dupe profiles — 11 from rape kit — had been matched to potential suspects . However , he submit that only Jane Doe ’s DNA was used to formally charge her with a crime .
The New York Timesadditionally account that lawmakers in California hope to make it illegal for law enforcement office to use victims ’ DNA to link up them to subsequent offence . They approve a neb to do so in August 2022 , which is now expect the signature of California Governor Gavin Newsom .
For Pointer , however , the fount is about more than the abuse of his clients ’ desoxyribonucleic acid . He also toldThe New York Timesthat since Jane Doe is a Black fair sex , the habit of her Brassica napus kit DNA also demonstrate how hoi polloi of color “ are often targeted by the criminal justice system . ”
“ Their civil rights are trampled upon , repeatedly and continuously , ” Pointer say . “ So that ’s another part of this : make certain that we stand up for the great unwashed in this society who oftentimes do n’t have their rights respected . ”
After read about the fair sex whose rape outfit deoxyribonucleic acid was later on used to hold her , see howJemma Bealewas doom to 10 years in prison for stimulate false rape claims . Or , see how police force in Florida arrestedJared Vaughnfor rape after he submitted his DNA to a genealogy website .
