Their DNA may be used against them

Victims of California sexual assault have new reasons, as if there wasn’t enough reason not to come forward after rape – theirs DNA is used against them in later criminal investigations.. No, you didn’t read it wrong.

The Institute of Criminology in California has turned DNA from sexual assault into a potential evidence bag for unrelated criminal investigations. Revelation is mind-boggling, chilling, morally wrong, and unconstitutional.

The scandal was revealed when prosecutors found a report containing DNA samples collected from women during a 2016 rape investigation. The DNA report was in hundreds of pages of evidence of another felony property case against the same victim.

A woman who doesn’t want to go forward

There are many reasons why survivors of sexual assault do not submit police reports.To get started, it’s difficult Enough to get the victim to agree to the rape kit.. That’s because physical examination is an invasive procedure after a horrific trauma and can lead to re-trauma.

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San Francisco District Attorney Chesa Boudin opposed the San Francisco Police practice of recording DNA evidence from rape kits in a crime database and using it as evidence of other crimes.

San Francisco District Attorney Chesa Boudin opposed the San Francisco Police practice of recording DNA evidence from rape kits in a crime database and using it as evidence of other crimes.

Second, there is always the possibility of character assassination. In 2018, at a confirmation hearing by Judge Brett Kavanaugh, the play was seen on a highly public stage. Accused of serious sexual misconduct By Dr. Christine Blasey Ford. The same thing happened in 1991, with Judge Clarence Thomas alleging sexual harassment by Professor Anita Hill. Despite their claims, both men were unimpeded by their professional ambitions. The reputation of both women was dragged into the mud.

What kind of bill of rights?

San Francisco District Attorney Chesa Boudin, who released her DNA practice this week, said Came out against it.. In a news release, his office said the state’s Institute of Criminology “is trying to identify suspected criminals by searching a database of DNA evidence containing DNA collected from victims of rape and sexual assault.” Clarified.

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When Boudin learned of the origin of the DNA evidence, he Withdrawn charges against womenNot only against the California Constitution, but also being freed from unjustified search and seizure, she said, was a breach of her rights in Article 4 of the Amendment. It is also an infringement of her right to privacy.

As U.S. Supreme Court Judge William Douglas wrote for a majority of celebrities Griswold vs Connecticut“A particular guarantee in the Bill of Rights has a penumbra formed by the divergence from the guarantee that helps give life and substance …. Various guarantees create a zone of privacy.”

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Judge Douglas further mentions the explicit personal protection of the First Amendment, Articles 3, 4, 5, and 9 and shows that the Constitution has an implicit right to privacy. increase. Indeed, right to privacy includes the constitutional right of survivors of sexual assault to be freed from potential self-incrimination in later crimes, regardless of guilt.

When will the change come?

It’s good that the practice is open to the public. It’s also good that Boudin came out against it. But that’s not enough. Some parts of the country are punishing survivors of sexual assault by turning evidence of sexual assault into evidence of guilty of potential future crimes.

On the other hand, in the southern states Texas, Florida When MissouriThe female body is treated like a blood vessel by trying to prevent abortion care. These are just the latest examples of how the American watered Me Too movement barely scratched the surface of misogyny in this country.

In the spirit of my favorite Slovenian philosopher, Slavoj Zizek, “meaningful change is nothing but a revolution.”

Carli Pierson is a lawyer, former human rights professor, writer, and member of USA TODAY. Editorial board.. You can follow her on her Twitter. @CarliPiersonEsq

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This article was originally published in USA TODAY: San Francisco DA’s approval for the DNA of rape victims is really bad.

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