Does being raped mean you get a pass on other crimes you have committed?

[msc545]

A woman whose rape kit was used by San Francisco police to build a burglary case against her is suing the city for what her attorneys call an egregious civil rights violation.

The suit filed in federal court Monday under the alias “Jane Doe” says that SFPD, from at least 2015 until this year, ran DNA samples from sexual assault victims through a database that checked for matches from genetic material collected from a wide array of crime scenes.

[Soteris]

This is not about being raped providing a defense but protecting you and information about you from the government. For example, they could use your drivers license photo with street surveillance cameras and AI to track you on the streets if they were allowed to use the information you provided for your drivers license for other purposes.

It is very important that prosecutors follow strict rules when collecting evidence for a crime. Otherwise it would for example encourage people to hack into places illegally to obtain evidence or break into properties or even torture people. As such, complaining that the evidence was not "legally" obtained is a very good argument that protects us from very nasty things.

[msc545]

They ARE allowed to use your drivers license photo with street surveillance cameras and AI to track you on the streets if a crime has been committed in the area.

[Soteris]

I meant just track you in general like how they do it in China.

[msc545]

You actually believe that is not done in the US? Seriously?

[Soteris]

Done and done legally is very different.

[msc545]

not in practice

[Soteris]

Actually, yes. Very much so. Its a difference between a corrupt government and a totalitarian dictatorship for example.

[msc545]

No idea where you live but here in the US government is very corrupt.

[Soteris]

Does not matter how corrupt it is. There is still a very defined difference.

[jshm2]

That's not how the world works.

Whatever you leave in the hands of the law, is subject to the law indefinitely until there are laws to state otherwise. It's why data protection and privacy laws are under so much scrutiny of late.

The rape kit is a red herring. What she's really interested in is the payout for the dropped burglary case against her. The police will probably countersue or rearrest her as they are probably hoping she'll drop more evidence in her claim against them. Or will take a plea deal in exchange for information on someone linked to her.

Sneaky bastards sometimes, the cops.

[msc545]

In this case, the cops had every right to use her DNA as they saw fit.

[Uannoyme]

Honestly, I can see both sides. On one hand, I don't want women not coming forward to report rape and having a rape kit done for fear that it won't be kept private. On the other hand, I don't want criminals going free. I don't have a good answer, I'm torn.

[lightbulb27]

no. although if someone was raped and then defend themselves which was viewed as a crime, I might question if that was a crime or self defense. raped is in essence a violation of ones space and they have a right to defend themselves.

[msc545]

This woman thinks the police did not have a right to run her DNA against a crime database -where she was implicated in a burglary.

[lightbulb27]

I didn't watch the video... that's an challenging issue of rights. on one hand, she's submitted her dna for a crime and is an opportunity to resolve other crimes. on the other, they took liberties to use it possibly without informing her. dangerous...

The solution seems to be declaring that submitting to this means you will be checked agianst a crime database. however, that has negative effect of some people not declaring rapes for fear of being caught in old crimes, which means other people get away with crimes.

When someone goes to a hospital and submits blood as part of process... don't they have hippa laws to protect them? That's privilege.

I could argue both sides at the moment... so I'm not sure. I tend to favor individual rights here, but I could be argued off that.

[msc545]

I think if you voluntarily give the police access to your DNA, they will use it to solve crimes - and you should know that.

[exitseven]

I think that the results of a rape kit should carry the same confidentiality as a patient and a doctor

[msc545]

Not if you let the cops have it

[exitseven]

yes, but the cops should not be able to just ask the hospital for it.

[msc545]

The whole reason for a rape kit is forensics, and the cops do those

[maximumpower]

Only in the case of the rapee murdering the rapist.

[msc545]

Not even that.

[Juxtapose]

I think when a woman submits a rape kit it should not be used to implicate her in any other crimes. The state does not need to give women less incentive to come forward.

[msc545]

I disagree - the state needs to have the ability to solve crimes and if you don't want your DNA used for that, don't submit it. I am against giving even MORE special privileges to women than they already have.

[Juxtapose]

So what would you do if you were a female criminal and got raped then? Kill them yourself?

[msc545]

Nobody should be killing anybody

[Juxtapose]

Okay.. so then you're not going to do anything about the rape in that scenario then?

[msc545]

She can always decide to NOT get a rape kit done, knowing that if she does the police are going to be able to use her DNA.

[msc545]

I am not obligated to do anything.

[Juxtapose]

No dude you're not being real with me, if you were in the position of a female criminal and you knew submitting a rape kit would get you arrested, you would get the person who raped you killed in secret.

There's already a huge amount of women who don't come forward and I have known them personally, this shit isn't cool.

[msc545]

I would not have anyone killed, secretly or otherwise. You are postulating hypotheticals with no basis.

[msc545]

You don't get to call me names because you disagree with me. Try to argue like an adult.

[Juxtapose]

Did you seriously just remove my comment?

I know you did but I want you to fess up.

[msc545]

I not only removed your comment, I TOLD you I did it. Stop calling me names and it won't happen.

[LadiesFavoriteToy]

good criminal caught.

[msc545]

Exactly. One can be both a rape victim and also a criminal.