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Crime Rape kit DNA protected under a new California law

20:21  03 october  2022
20:21  03 october  2022 Source:   theverge.com

Untested rape kits plagued Memphis long before jogger case

  Untested rape kits plagued Memphis long before jogger case MEMPHIS, Tenn. (AP) — Problems with rape kit evidence testing keep haunting Memphis. A city long plagued by a heavy backlog of untested sexual assault kits was shaken by Cleotha Henderson's arrest in the killing of Eliza Fletcher after she was abducted during a morning jog last month. So when authorities said his DNA was linked to a rape that occurred nearly a year earlier — charging him separately days after he was arrested in Fletcher’s killing — an outraged city turned to the obvious question: Why was he still on the streets?The case of Henderson, who already has served 20 years in prison for a kidnapping he committed at 16, has reignited criticism of Tennessee’s sex

In California, DNA collected from sexual assault victims during an investigation can no longer be used for other purposes, including investigating other crimes. California Governor Gavin Newsom signed the bill into law Friday.

  Rape kit DNA protected under a new California law © Illustration by Alex Castro / The Verge

The bill was introduced in California after the district attorney’s office discovered that the San Francisco Police Department had used DNA collected from a victim during a sexual assault investigation to tie that victim to a property crime. In a sexual assault case, a victim’s DNA is collected in order to exclude their genes from an investigation, but the district said the police department was adding that information to its general genetic database.

Gov. Greg Abbott said Texas' strict abortion law would 'eliminate all rapists.' But clinics say the number of rape cases has been 'consistently high': report

  Gov. Greg Abbott said Texas' strict abortion law would 'eliminate all rapists.' But clinics say the number of rape cases has been 'consistently high': report "We are struggling to keep up with demand," a Texas Clinic employee told the Associated Press, adding that she has a waitlist for victims.Last year, Abbott pledged to eradicate rapists after signing the state's abortion bill that bars people from getting the procedure after a fetal "heartbeat" can be detected on an ultrasound, Insider previously reported. The law has no exceptions for rape or incest — a restriction that abortion advocates and some in the GOP have condemned.

The victim whose arrest kicked off the revelations sued the city of San Francisco in September.

There are federal laws preventing victim DNA from being included in the Federal Bureau of Investigation’s DNA database. But state and local police departments have developed and maintained their own databases that aren’t subject to the same rules. “Police departments around the country have, over time, developed these separate databases that are largely unregulated,” Andrea Roth, a law professor at the University of California, Berkeley, told Wired.

New laws over the past few years have started to restrict police power to use DNA data that was not originally intended for criminal investigations. Maryland and Montana, for example, passed laws last year limiting police use of consumer DNA databases developed by genealogy companies (like GEDmatch, which was used to identify the Golden State Killer) to find suspects.

Gavin Newsom's wife, Jennifer Siebel, among accusers at Harvey Weinstein trial .
California Gov. Gavin Newsom's wife was among accusers present on Monday during Harvey Weinstein's rape and sexual assault trial.Jennifer Siebel Newsom, a documentary filmmaker, is among the accusers of Harvey Weinstein who will testify, her attorney said.

usr: 1
This is interesting!