Santa Clara County To Review How Sex Assault DNA Is Handled

By Eli Wolfe, San Jose Spotlight

March 7, 2022

A Santa Clara County official wants a review of how the county’s top law enforcement agency uses DNA collected from survivors of sexual assault, following a scandal in San Francisco.

During a Monday news conference, Supervisor Cindy Chavez said she wants District Attorney Jeff Rosen to outline how the county crime lab handles DNA from sexual assault victims. Chavez also wants Rosen to come up with recommendations to better protect the rights of survivors.

“Our county wants people to continue to report sexual assaults, and we’re going to encourage all of our survivors to seek medical assistance and to come forward,” Chavez said.

Chavez’s referral follows a revelation from the Los Angeles Times, which reported last month that the San Francisco Police Department allegedly used DNA collected from a rape victim to identify and arrest her for an unrelated property crime.

To identify assailants, sexual assault survivors are asked to undergo an examination to collect bodily fluids and other possible evidence. There is widespread concern people won’t report their assaults or provide biological evidence if they believe law enforcement agencies will use their DNA against them.

“I’m troubled and greatly concerned that the development that happened in San Francisco will have an alarming effect on survivors seeking assistance after an assault,” said Adriana Caldera, chief executive officer of the YWCA Rape Crisis Center. “If they hear stories of broken trust, it may prevent them from coming forward and receiving critical services around medical care, emotional support and connection to resources.”

The Santa Clara County District Attorney’s Office already prohibits searching survivors’ DNA profiles or using that data to prosecute them for crimes. DA Rosen said he has two priorities in sexual assault cases: protecting the victim’s well-being and holding the rapist accountable.

“Victim DNA is used to catch rapists—period,” Rosen said during the news conference. “The DA’s crime lab does not use victim DNA for any other purpose. It does not go into an offender database, period.”

According to a 2020 county report, filed charges about sexual assault have remained relatively stable for several years. Reports increased by 13% from 2018 to 2019, rising from 279 charges filed to 318. The report said sexual assault is among the most under-reported crimes. Changing societal attitudes may be causing more people to report assaults, the report noted.

The Board of Supervisors meeting takes place Tuesday at 9:30 a.m. Learn how to watch and participate.

Contact Eli Wolfe at eli@sanjosespotlight.com or @EliWolfe4 on Twitter.

This story will be updated.

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