Legal questions mount amid San Francisco rape kit DNA case

By STEFANIE DAZIO and OLGA R. RODRIGUEZ
Associated Press

SAN FRANCISCO (AP) — The revelation that the San Francisco police crime lab used a sexual assault victim’s DNA against her in an unrelated property crime case — and the allegation that it may be a common practice in California — has prompted a national outcry among law enforcement, legal experts, lawmakers and advocates. Investigators allegedly used a sexual assault victim’s DNA collected as part of a rape kit in 2016, to tie her to a burglary in late 2021. But just because the law doesn’t seem to specifically forbid the practice of using a victim’s DNA against them, experts say it’s almost unfathomable it was even considered — let alone carried out. A state senator is considering options to change the law.