San Francisco PD ran rape victims DNA into database to search for crimes
February 15, 2022 7:19 PM Subscribe
San Francisco Police enjoys putting rape victim's DNA into crime search databases San Francisco District Attorney Chesa Boudin has made a press release denouncing the SFPD for their abuse of DNA evidence collected in sexual assaults, which has been used to attempt to incriminate rape victims.
I have no words for this perfidy, except to say defund the police. I'd call this a new low, but given the past history of the SFPD....
No, no, this is a new low.
I wonder if this can be blocked under the “rape shield” law, or if they already have ways around it…
posted by mephron at 8:20 PM on February 15, 2022 [2 favorites]
I wonder if this can be blocked under the “rape shield” law, or if they already have ways around it…
posted by mephron at 8:20 PM on February 15, 2022 [2 favorites]
Boudin has dismissed the case against the woman.
posted by rogerroger at 8:36 PM on February 15, 2022 [10 favorites]
posted by rogerroger at 8:36 PM on February 15, 2022 [10 favorites]
On first reading, I took it to mean that the police had run the evidence from the sexual assault through the system, which "yeah, ok... that's what you do".
It literally didn't register that they're running the victim's DNA to check for hits, because why would that ever be a thing? It's difficult enough to get sexual assault victims to engage with a pretty awful reality and a cold system.
In a just world, there would be heads rolling over this sort of abuse.
posted by drewbage1847 at 11:08 PM on February 15, 2022 [18 favorites]
It literally didn't register that they're running the victim's DNA to check for hits, because why would that ever be a thing? It's difficult enough to get sexual assault victims to engage with a pretty awful reality and a cold system.
In a just world, there would be heads rolling over this sort of abuse.
posted by drewbage1847 at 11:08 PM on February 15, 2022 [18 favorites]
because law enforcement will never accept any limitations on access
No, no. Law enforcement would be against having law enforcement's DNA collected and run through crime search databases.
posted by AlSweigart at 11:33 PM on February 15, 2022 [60 favorites]
No, no. Law enforcement would be against having law enforcement's DNA collected and run through crime search databases.
posted by AlSweigart at 11:33 PM on February 15, 2022 [60 favorites]
It literally didn't register that they're running the victim's DNA to check for hits, because why would that ever be a thing?I think it's even worse than that: they put the victim's DNA from the rape kit in their long-term database, and then several years later they got a match on it for some DNA from a property crime.
posted by simonw at 11:36 PM on February 15, 2022 [12 favorites]
SFPD are trash. I get to watch their garbage horseshit interactions with people every day, as I live in the Tenderloin.
I have no up to date info on Boudin’s upcoming recall, but every time someone’s asked me to sign on and help get rid of this guy I tell them to get fucked. Hope he makes it.
posted by hototogisu at 12:53 AM on February 16, 2022 [10 favorites]
I have no up to date info on Boudin’s upcoming recall, but every time someone’s asked me to sign on and help get rid of this guy I tell them to get fucked. Hope he makes it.
posted by hototogisu at 12:53 AM on February 16, 2022 [10 favorites]
I thought things couldn't go lower today when some of Australia's press tried to delegitimise Grace Tame, by posting an old photo of her with a bong... but this... this is horrifying. How would this encourage survivors to come forward to the police, when they could end up being charged with other crimes.
posted by greenhornet at 1:02 AM on February 16, 2022 [1 favorite]
posted by greenhornet at 1:02 AM on February 16, 2022 [1 favorite]
I have little doubt they've also used rape victim's DNA to look for close matches to the victim's DNA in their databases, which might represent relatives of the victim, in hopes of identifying previously unknown perpetrators.
posted by jamjam at 1:20 AM on February 16, 2022 [3 favorites]
posted by jamjam at 1:20 AM on February 16, 2022 [3 favorites]
No, no. Law enforcement would be against having law enforcement's DNA collected and run through crime search databases.
Every person in law enforcement and forensic analysis who handles evidence gets a DNA profile, to ensure that the DNA information arising from crime scene materials is not contamination from handling. So, DNA is collected but not entered into CODIS.
Here’s a fact sheet about CODIS if people want to dig in further. It links to a large PDF handbook about forensic labs.
posted by Sublimity at 5:11 AM on February 16, 2022 [6 favorites]
Every person in law enforcement and forensic analysis who handles evidence gets a DNA profile, to ensure that the DNA information arising from crime scene materials is not contamination from handling. So, DNA is collected but not entered into CODIS.
Here’s a fact sheet about CODIS if people want to dig in further. It links to a large PDF handbook about forensic labs.
posted by Sublimity at 5:11 AM on February 16, 2022 [6 favorites]
ACAB.
posted by allthinky at 5:20 AM on February 16, 2022 [11 favorites]
posted by allthinky at 5:20 AM on February 16, 2022 [11 favorites]
No, no. Law enforcement would be against having law enforcement's DNA collected and run through crime search databases.
Most law enforcement jobs require a polygraph test.
I would be much more in favor of a required DNA test done by a random third party genetics lab as a requirement.
That seems like an obvious winner of a bill for every state legislator.
posted by NoThisIsPatrick at 8:14 AM on February 16, 2022 [1 favorite]
Most law enforcement jobs require a polygraph test.
I would be much more in favor of a required DNA test done by a random third party genetics lab as a requirement.
That seems like an obvious winner of a bill for every state legislator.
posted by NoThisIsPatrick at 8:14 AM on February 16, 2022 [1 favorite]
It seems that the regulation of this needs to be explicit: victim DNA is never entered into any database. There is no need for victim DNA to be added to a database. Victims should not fear that if they come forward to report a crime–a crime of the sort that DNA can be found on their body–that they will be the one surveilled forever after.
posted by amanda at 10:05 AM on February 16, 2022 [15 favorites]
posted by amanda at 10:05 AM on February 16, 2022 [15 favorites]
I am accustomed to reports of police misconduct, almost numb to them, but here's one that's seems especially and intentionally cruel.
After being raped, many women are already hesitant to go to the police, because the process is cold, cops are often skeptical, convictions are unlikely, and it's a long process even getting to the courtroom.
If she goes to the police, she'll be subjected to evidence-collection that's very intrusive — her skin, mouth, genitalia, and anus will be swabbed for biological evidence, looking for the perp's saliva, blood, semen, skin cells, hair, etc. They'll scrape under her fingernails, comb through her hair, and microscope her clothes to collect what's called a 'rape kit', in hopes of identifying the rapist.
Obviously, unavoidably, they're also collecting the DNA and bodily fluids of the victim.
Using this evidence *against the victim*, though? The effect of that, and probably the intent of that, is to make women even more hesitant to go to the police after being raped.
posted by Doug Holland at 10:46 AM on February 16, 2022 [5 favorites]
After being raped, many women are already hesitant to go to the police, because the process is cold, cops are often skeptical, convictions are unlikely, and it's a long process even getting to the courtroom.
If she goes to the police, she'll be subjected to evidence-collection that's very intrusive — her skin, mouth, genitalia, and anus will be swabbed for biological evidence, looking for the perp's saliva, blood, semen, skin cells, hair, etc. They'll scrape under her fingernails, comb through her hair, and microscope her clothes to collect what's called a 'rape kit', in hopes of identifying the rapist.
Obviously, unavoidably, they're also collecting the DNA and bodily fluids of the victim.
Using this evidence *against the victim*, though? The effect of that, and probably the intent of that, is to make women even more hesitant to go to the police after being raped.
posted by Doug Holland at 10:46 AM on February 16, 2022 [5 favorites]
“It's difficult enough to get sexual assault victims to engage with a pretty awful reality and a cold system”
I don’t think many cops are particularly interested in prosecuting rapists, and couldn’t care less if the victim proceeds - who gives a shit, it’s just a rape. Hence the appalling rape conviction stats. Rae victims are not treated like any other victim of crime, they are treated as timewasters and liars.
Now if they can convict somebody of property crime, that’s a totally different matter.
posted by tinkletown at 2:10 PM on February 16, 2022 [5 favorites]
I don’t think many cops are particularly interested in prosecuting rapists, and couldn’t care less if the victim proceeds - who gives a shit, it’s just a rape. Hence the appalling rape conviction stats. Rae victims are not treated like any other victim of crime, they are treated as timewasters and liars.
Now if they can convict somebody of property crime, that’s a totally different matter.
posted by tinkletown at 2:10 PM on February 16, 2022 [5 favorites]
so the claim is, police swabbed some unknown "property crime" scene for dna and ran it through the database? what the fuck? dna tests aren't routinely done at murder scenes, unless it's some close-up thing indoors with lots of fighting and blood. it's absolutely ridiculous to do a dna test in a property crime, much less to take that to the prosecutor (who sfpd knows is not on their side) to charge a sexual assault victim with some misdemeanor. that makes no sense, period, much less in the politics of 2022 california.
this stinks of chesa boudin's political bullshit to save himself from recall.
posted by wibari at 10:23 PM on February 16, 2022 [2 favorites]
this stinks of chesa boudin's political bullshit to save himself from recall.
posted by wibari at 10:23 PM on February 16, 2022 [2 favorites]
The abuse of DNA testing to solve property crimes is definitely A Thing, I'm sorry to say, and has been for a while.
Innocence Project, 12/02/2008: DNA Increasingly Used in Property Crimes
WBEZ, 06/26/2019: More DNA, More Problems: Excessive Testing Contributes To Illinois' DNA Backlog: "As of June 10 there were almost twice as many burglaries awaiting DNA testing than homicides. There were 35 marijuana cases in the backlog."
posted by Not A Thing at 6:19 AM on February 17, 2022 [2 favorites]
Innocence Project, 12/02/2008: DNA Increasingly Used in Property Crimes
WBEZ, 06/26/2019: More DNA, More Problems: Excessive Testing Contributes To Illinois' DNA Backlog: "As of June 10 there were almost twice as many burglaries awaiting DNA testing than homicides. There were 35 marijuana cases in the backlog."
posted by Not A Thing at 6:19 AM on February 17, 2022 [2 favorites]
Nobody suggests in the article that it wasn't based on a DNA match.
The Police Chief said, "I am informed of the possibility that the suspect in this case may have been identified through a DNA hit in a non-victim DNA database" and announced an investigation into what DA Boudin said.
I absolutely believe SFPD would try to up their solve rate with property crime by using rape kit DNA, and that the crime lab 100% collects DNA data and squirrels it away anytime they can.
posted by Chrysopoeia at 1:50 PM on February 17, 2022
The Police Chief said, "I am informed of the possibility that the suspect in this case may have been identified through a DNA hit in a non-victim DNA database" and announced an investigation into what DA Boudin said.
I absolutely believe SFPD would try to up their solve rate with property crime by using rape kit DNA, and that the crime lab 100% collects DNA data and squirrels it away anytime they can.
posted by Chrysopoeia at 1:50 PM on February 17, 2022
so the claim is, police swabbed some unknown "property crime" scene for dna and ran it through the database? what the fuck?
I remember when my apartment (near the MacArthur BART station in Oakland, for context) got burgled. The burglars had taken (among other things, including a television and a computer) my food processor but dropped the top in the garden as they went over the fence. Nice smooth plastic, you'd think would be good for getting fingerprints. Nah. The officer who responded told me to my face that they wouldn't be following up on it.
The idea of doing DNA tests for a property crime is horrible but unsurprising. And I find myself wondering about the demographics of the property crime victims.
posted by Lexica at 5:15 PM on February 17, 2022
I remember when my apartment (near the MacArthur BART station in Oakland, for context) got burgled. The burglars had taken (among other things, including a television and a computer) my food processor but dropped the top in the garden as they went over the fence. Nice smooth plastic, you'd think would be good for getting fingerprints. Nah. The officer who responded told me to my face that they wouldn't be following up on it.
The idea of doing DNA tests for a property crime is horrible but unsurprising. And I find myself wondering about the demographics of the property crime victims.
posted by Lexica at 5:15 PM on February 17, 2022
Well it's something at least, SF DA dropped the charge for one of these women.
posted by mephisjo at 7:06 PM on February 17, 2022
posted by mephisjo at 7:06 PM on February 17, 2022
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