It's pretty iffy depending on the degree of separation between either investigation. If it's just for shits and giggles looking at a grader database it's 100% unconstitutional. A logical leap of logic not so much. Like how Al Capone got done in with tax evaluation kinda deal. At the same time is adding insulation to protect rapist a meaningful endeavor?
This is the same logic as sanctuary citys. The city/state government has it's own problems and the federal government has its own agendas. The federal government can request (and request is very intentionally worded) state and/or city law enforcement to detain people.
In sanctuary citys the policy is to deny the request on illegal immigrants. The logic is marginalized immigrants suffer higher crime rates that bleed out into other locals. A level of trust on city level keeps marginalized groups safe and the greater community safer.
Take this logic with rape kit testing and i don't see any good outcomes. Someone doing petty crime shouldn't be brutalized like that. It becomes a consistent ring and some innocent people might happen to look like a mark, bleeding conflict into the larger community. Everything is bad about this.
Reading the whole story and everything it sounds kinda tricky. Say if someone kill someone but they get raped at some point where they try to convict the rapist, but the dna from the victim (from a rape kit) reveal a possible connection to a murder then.
Like first off naturally, these cases should be treated separately, so that they have no influence on each others specific case.
Morally, I don't think this is a bad thing per se. Of course bad people do bad things to other bad people too. But I'm totally aware of hard it is to come forth like this. I personally even know 3 people who were raped as children even.. Heart breaking as hell and neither of those perpetrators saw any jail time even with bloody evidence.. and these were kids. The system fail to protect and bring justice to kids even. All 3 of these people have no faith in society, Can't blame them, I don't either. So I know, that rape victims themselves need to be better taken care of in a way. When it's something so personal that happen to you as well, it's like a punch in the gut to even just say anything, it hurts too much if people don't believe them.
Which leads to another issue, why I know so many dont come forth too, you have to relive your own trauma over and over in courts, interview, testimony etc. It becomes too detrimental for your mind and well being that it doesn't seem worth it to pursue "justice" at the expense of your soul and well being, many are left with the choice that way it seems less damaging to not say anything.
Anyway, side tracking a little. But I don't think is bad per se no, cause after all too. Whoever was raped might have raped someone too, I do think regardless though that these cases should be treated separately, that it can't even be brought up or used against the victim in the case of their rape.
If the country allows police do that, every female criminal would instantly become a massive target for rapists, b/c they’d absolutely never report it! Women, especially libertarians would be actively discouraged from reporting rape because if the police gather your DNA, they’ll steal your genetic code, and store it for comparison against all past and future crime scene evidence, we’re telling women “are you absolutely sure you want to report that rape? Forcing women who may have committed a crime in the past to make a choice… you can only get justice for the terrible crime committed against you, if & when you WAIVE your 5th Amendment right to NOT provide evidence against yourself in a criminal trial, is clearly unconstitutional!
Sounds like a great way to get rape victims to not report that they were attacked. Considering many of these rape kits sit around for years before they are even tested. The police should be focusing on getting the rapist.
The evidence voluntarily given for the evasive rape examination should be legally allowed to only be used for that crime and HER DNA should be deleted from the system soon as feasible after getting her attacker.
They should need a warrant to get a new sample of DNA from her if they suspect her in another crime.
This from San Francisco of all places were they aren't even really prosecuting real criminals to begin with but they want to go after rape victims, figures.
OK, first of all, it's misleading to say the DNA is being used against victims because it's not being "used against them" in the rape cases where they are victims. And given that Boudin is a leftist activist who won't prosecute crimes committed by people he sympathizes with, it's likely that his concern isn't for rape victims.
That said, I think there are at least two issues here. One is privacy and the other is the cooperation and reporting by victims of rape. If rape victims are reluctant to come forward because of the handling of DNA evidence, some rapists will continue to be out there endangering communities. And then there is the potential issue of fruit from a poisoned tree with any DNA evidence collected from rape victims being run through databases.
I say it’s up to the judge and the crime. I do believe it would stop the reporting of actual rape though, in those few incidences anyway. As much as that makes all the creepy men out there who think it’s okay to rape and confused about what actual consent is, happy.
This logic is already existing. You rob someones house and they beat you silly tie you up piss on you stick needles in your armpits force feed you laxitives and make you sit in your own shit... now they let you go... do you report the crime? Lol.
The real advice is don't be a criminal. Who gives a fuck about a criminals rights? The only concern is protecting an innocent persons rights.
What about you get arrested and charges dropped? you're legally innocent. Yet your fingerprints aren't erased from the system neither is the arrest record. How come that doesn't bother you? Its just this irrational feelings people have that rape isn't a crime... rape is RAPE! REEEEEEE!
I think rapist should be executed or physically castrated (get rid of both ball and penis). So I would hate to subjugate an innocent man to this, DNA evidence is the most reliable way to test weather or not someone has been raped or not. If a women who hasn’t been raped comes forward she should be spending jail time.
This is true , but I’d rather not let rapist continue to live. Which is why I’d like a garente. by the way the vagina absorbs sperm repairs time to spend about 5 years in jail. Which isn’t doing justice in my opinion
Rapist it’s been about five years in prison. They deserve more time but unfortunately vagina absorbs sperm. This is why we can’t necessarily prove somebody has been raped. They have five days to report before it’s gone.
Huh. There’s a lot that’s wrong on both sides. We’re hard on victims who are psychologically damaged. We’re also hard on the accused before evidence or a trial commences.
See this is why I encourage All rape victims to come forward The minute they are raped, I understand the psychological damage but we want to make sure that everyone is prosecuted fairly. Imagine ever woman willingly had sex with a guy and then called it rape the next day. Unfortunately this happens quite a lot both not coming forward and getting a DNA test and then excusing it a guy of rape the very next day and they regret sleeping with a guy.
Modify the standard should be sex outside of marriage should just be illegal. Bucket if we’re gonna get authoritarian here don’t have sex before my roach otherwise we don’t believe you I hate to say that I really really do
i'm sure the people who think it's ethical and right, will be the first in line to volunteer to donate DNA samples of their own to the government, so if they're ever a victim of a crime themselves, the government can cross-check their DNA with a global DNA database to see there's any examples of "similar" DNA to theirs left behind at any unsolved crimes. And if they decide they don't like your politics, can plant your DNA at any crime scene they wish.
They literally make movies about this shit, and this is how people end up being blackmailed and worse. Like @purplepoppy said, this would basically give people a green light to rape someone they know had committed a crime, because chances are high that they wouldn't report the rape for fear of their DNA convicting them of past crimes. That's not justice. Rape is not equal to things like theft, which means thieves don't "deserve" to be raped.
Honestly the rape kit only proves that intercourse did happen... and it could indicate if it was rough or normal sex. But it does not prove whether or not it was consensual... so if you have committed any type of crimes I would be very cautious about giving authorities access to my DNA. So honestly what a dummy.
This is why you don't give fingerprints and whatever else to authorities. Now women won't even want to report rapes if they have other crimes they themselves committed lol.
That evidence would be thrown out in court, since the individual did not give permission for it to be used that way, and there was no probable cause to obtain that evidence in searching for a crime suspect. The San Francisco DA has recognized that and is dropping the charges.
@dustybiker A good lawyer would argue that the evidence be thrown out, in which case there is no case. And if the judge allowed it to be introduced as evidence, that would be excellent grounds for appeal. Note that teh DA has dropped the case, didn't say why, but the legality of it being evidence is most likely a key factor, as well as the public outcry of turning a victim into a criminal, albeit for another crime.
Wouldn’t it be great if the world was full of straight and proper attorneys and all the judges saw things the way things actually happened? Good people get screwed over in court every day. I don’t really agree with DNA being used against you.. until I think of crimes that warrant it and they are getting away with.
I didn't read the story but it sounds dicey AF. If you commit a crime then morally you deserve to get caught but ethically the police shouldn't be running your DNA Unless you are suspected to have committed a crime. If you're not a suspect they shouldn't be doing that.
@OddBeMe Bingo? How? Son of a bitch. I won't give up DNA or fingerprints voluntarily ever, however in the event they get in the database, it's fair game. This is so stupid, it takes a retard to think otherwise. "It will discourage rape victims"? HOW?
I have disparaged my share but I don't swear at them while doing it. Usually "doof" or "doofus" or "dunderhead" gets the job done. And yes, people still report me over that and I get scolded and have 7 points taken away from me whenever a snowflake cries.
@OddBeMe@supercutebutt Wow. I said son of a bitch as an exclamation not name calling. Plus I totally misread the comment. I thought you were talking about something completely different. In this lefty nonsensical day and age it happens all the time.
However the qtips in the ass explanation, rather ho hum. Considering for doctors who examine assholes the same as they do elbows, I mean, it's what it is. You getz constipation, hardcore, you getz the enema, how else are you going to get the dna, or the semen to prove rape. Just take rape victims words for it? Nope. Don't work that way does it?
@supercutebutt I imply you as libtarded from the past. Oddbeme lives up to his name because his stances are non stances, and loves to create dissension. He doesn't care long as people get vociferous and create a scene.
To see that even you folks have points deducted and are being censored without the need of being "reported" upon. This is progress. However little. Kind of the whole point is it not? Getting people to realize there is a correct side in the spectrum.
@794400 Well people must be reporting me all the time because I get points taken away a couple times a week. Lately it has been for calling someone a "doofus." So I figure I will start reporting everyone who calls me "retarded" or "stupid" or "cunt" or "bitch" or "whore" or "slut" from now on. :)
Looking at it from the 'greater good' point of view, I don't think it should be admissible. Not submitting to a rape kit due to fear of prosecution for some minor crime committed in the woman's past, therefore letting a rapist walk free, is the greater evil.
How? Drug use? If she broke the law , then she stands to be prosecuted. Now if a guy tries to kill someone and that guy shoots and kills that guy but didn't legally have right to have the gun , he is prosecuted. Not for the killing , but by breaking laws having the gun on him.
If you commit a serious crime, you need to do the time. While getting raped is terrible, there's no logic that being a rape victim frees you from paying for the murder you committed or any other crime? If that were the case, 50% of married men would kill their wife tonight and then immediately set about finding a way to get raped before they got caught
I think you’re too sensitive to the fact that it’s rape and that anything that targets or harms the victim is wrong, even if the victim him or herself has committed a crime that can be proved via the evidence gathered from the DNA whatever it is.
@OddBeMe it matters because there is a difference between the law and justice. for instance here In Australia tobacco is now over $50 an ounce. rich people like politicians like to tax an addictive drug so smokers and their families live in poverty generating the needed revenue to run the country rather then taxing the rich. I've seen children going days without food because their parents are struggling with a once affordable addictive habit that has become expensive. avoiding tobacco tax is a jailable offence which makes it a serous crime but a morally justifiable one in my opinion.
Sparks they raise prices of tobacco to discourage it's usage, which the stats would show that it works... Though tobacco usage as a whole has been on a steady decline regardless of prices
@Nozgrd74 those children didn't ask for poverty. Have you noticed that rich people lives haven't been effected they can smoke like a chimney and drink like a fish being able to afford the sin tax along with all the permits and registration fees payable to enjoy any type of activity they want. I gave up smoking 5 years ago but if i could I would take to those bureaucrats with a baseball bat like they are a pinata.
I mean I hate that tobacco (and now weed) is taxed so much as some sort of sick punishment for people, but at the same time, I don't believe it's on purpose to keep people impoverished, that's more of a side effect
@Nozgrd74 When you regulate something you will always create unintended problems like for instance i think it was a year ago the government was pressuring doctors that prescribe the most opiates ( morphine, Codeine etc ) to discourage over usage of addictive drugs so it just so happened to be palliative care doctors ( end of life doctors) who prescribed the most. This resulted it painful distressing deaths from the terminally ill. politicians need to be held accountable for their mistakes no matter how well intentioned they were when they made them. Regulations should be made on very rare occasions.
@Sparks32 this is interesting but irrelevant. I don’t think this woman is being prosecuted for dealing in untaxed tobacco. It’s probably something serious like murder or sexual assault for them to need DNA evidence to charge her.
@gwenhwyfar her dna might put her at the scene of a crime, she is a suspect not convicted. dna, surveillance, recondition automated data base cross reference checks across multiple systems, computer software and tracking. I feel like our privacy is no longer respected. it's a slipper slope when they are aloud to use this stuff
@Sparks32 I am very troubled by the idea of using a rape kit as evidence against the victim, but I still need to know more details before I form an opinion.
"I've seen children going days without food because their parents are struggling with a once affordable addictive habit that has become expensive." Their parents would be spending the same amount of money either way. Now they just get less cigarettes for their buck.
I'm sorry, but I've been around plenty of cigarette addicts. I know how they work. They keep smoking until the money runs out. That's just a fact. They have no self-control whatsoever.
The “victim” could have lied about being raped, falsely accusing someone which should be a crime. Another would be child neglect, drug involvement, or other illegal activities that would place her at a crime scene. It’s probably the former.
Read about this the other day. Didn't feel it was right. The DNA was given for prosecution of the rapist. Would be wrong to incriminate yourself for something else. It in confict with Constitutional right of self incrimination 5th amendment
once you give your DNA then it's up for grabs, they must have suspected her of something her they would not have checked it out they don't have the time to just get DNA and try to match it up
11.4K opinions shared on Society & Politics topic.
Right. Women should not be exempt from paying for crimes they committed just because they were possibly raped. Rape kits do not distinguish between consensual and non-consensual sex.
Brilliant logic!!! Dont get them finger printed so the perv down the street can kidnap them... but thank got the police dont have your kids fingerprints on file for their own protection... idiot.
@michael1469 lmao. My kids are adult/late teen and successful. I think I've done quite well with my responsibility towards my children. You're a dope who thinks the government cares about you and your children.
Seems fine. They’re “being treated like criminals” because they are criminals.
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Yeah, what they did was unethical, however, the DA went ahead and used her DNA so it's probably not illegal. By the way, do you know what they convicted her of?
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