DNA from a sexual assault survivor connected her to a different crime. In response, the California legislature proposed a bill to protect survivors…

CW: This article contains mentions of sexual violence.

DNA forensics first transformed the criminal justice system when police overseas verified a homicide confession with fingerprinting back decades ago.

In cases of sexual assault, survivors can receive a sexual assault forensic exam, or a rape kit, which preserves DNA evidence that survivors may use to report to police or, if they so choose, aid in the criminal prosecution of an assailant.

But what happens when DNA from a sexual assault survivor is used against them?

Earlier this year, DNA from a rape kit tied a San Fransisco woman to a property crime five years after she experienced a sexual assault.

This evidence came from a genetic code database used by city law enforcement included DNA from sexual assault survivors to identify and prosecute crime suspects, a practice that the citys district attorney, Chesa Boudin, deems a gross invasion of privacy.

This practice treats victims like evidence, not human beings, said Boudin, calling it a legal and ethical civil rights violation.

California Senator Scott Wiener agrees. Wiener believes that the DNA collected from sexual assault survivors should only be used for investigating the perpetrator of the assault, rather than misused for other purposes.

On March 8, Wiener amended Senate Bill 1228 (SB 1228) to the California legislature, which would ban using the DNA profiles of sexual assault survivors for anything besides investigating the incident of sexual violence.

Although federal law prohibits the use of survivor samples in the national Combined DNA Index System (CODIS), there is no California law that bans local law enforcement from retaining DNA profiles of sexual assault survivors and using the DNA for independent purposes.

In the United States, someone is sexually assaulted every 68 seconds. Unfortunately, many survivors of sexual assault do not report, many times because survivors fear retaliation or distrust the criminal justice system.

In a world where sexual assault is wildly underreported, introducing SB 1228 is meant to protect survivors of sexual assault who do choose to report to hospitals and police by receiving a rape kit examination.

If survivors believe their DNA may end up being used against them in the future, theyll have one more reason not to participate in the rape kit process, said Wiener in a San Fransisco District Attorneys Office press release earlier this month.

Sophie Pollack, a USC sophomore studying sociology, advocates for sexual assault survivors through A Path 2 Courage, a grassroots organization Pollack created in 2020.

As a survivor of domestic violence and sexual assault herself, she believes that its essential to support the passure of SB 1228.

It is extremely important to have SB 1228 become a law, said Pollack, who emphasized that this shouldnt be used for anything other than serving survivors. It should just be used for the incident to prosecute perpetrators of sexual violence and allow for victims to have justice in their situation.

Other organizations, like Leda Health Company, hope this bill will pass through the California legislature. Long-time lobbyist and Chief Operating Officer Drew Englander wrote to Annenberg Media that the company is proud to support SB 1228.

Its a major step in re-building survivors trust and support in the system, wrote Englander.

SB 1228 aligns California to national best practices and FBI standards and, more importantly, protects survivors by letting them know they can safely get a rape kit done without fear of their kit linking them to prosecution for other crimes.

Englander praised Wiener for quickly creating a solution and ensuring survivors access to care is protected. He also notes that anyone looking to sign on to the companys letter of support to SB 1228 can do so here.

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DNA from a sexual assault survivor connected her to a different crime. In response, the California legislature proposed a bill to protect survivors...