It is hard to believe that there are so many ways/loopholes in obtaining DNA within our justice system. When DNA is given for a purpose, that is the only way it should be used. The evidence seal should stay intact until it is needed. And “mistakes happen” cannot be the go-to response when something like this happens. Yet somehow, these kinds of “errors” keep happening. This time a woman’s DNA was used to identify her for a burglary when she gave her DNA to help find the man who raped her.
Jane Doe is suing the San Francisco Police Department for falsely using her DNA from the rape kit to falsely identify her as a burglary suspect. Doe gave her DNA to the police to help them find the man who raped her, and instead, that evidence box was broken, tested for what reason is unclear, and then misidentified her for a crime. When a rape kit is performed, it should be sealed and only opened when there are rape suspects that fit the description of that particular victim(s). Otherwise, those should never be opened. In some ways, isn’t that what the databases are for?
Jane Doe’s lawyer, Adante Pointer, has this to say about his client’s case:
“Sexual assault survivors consent to police to use their DNA for one purpose — to find the perpetrator of the sexual assault,” lawyer Adante Pointer told reporters. “What we have here is our constitutional rights turned on their head.”
Adante Pointer
Hear Jane Doe First Hand About This
The charges were dropped, and Jane Doe was not charged, but the damage was done at that point. Doe’s rights under the Victims’ Bill of Rights were violated along with countless others whose DNA was also opened to find suspects in other cases. A ban has been issued to stop this from happening again, but with other DNA kits being opened, those victims have a case like Jane Doe or can join hers. This isn’t over, not anytime soon anyway, and will definitely cost the department millions.
Police have many jobs, and this one, trying to break up a wild party, could not be easy.
