A new law went into effect earlier this year regarding use of the DNA profile of sexual assault victims. Known as the “Genetic Privacy for Sexual Assault Victims Act,” the law is designed to protect victims of sexual assault and to encourage reporting of sex crimes. It accomplishes this by prohibiting law enforcement agencies from retaining and searching DNA profiles obtained from a victims of sexual assault – including “rape kits” – in investigating unrelated crimes. Here is
video by attorney Elmira Yousufi outlining SB 1228, what it means, and how it can protect those sexual assault victims from having their DNA used to charge them with future, or previously unsolved, offenses.
As Elmira explains, the issue was highlighted back in 2016, when sexual assault victim’s DNA was used in San Francisco to investigate her possible involvement in an unrelated property crime. This led to San Francisco passing local legislation prohibiting the practice. With the passage of SB 1228, that prohibition is now effective for the entire State of California, as it is codified in Penal Code sections 679.12 and 680.
The new law addresses the fact that it is already difficult for sexual assault survivors to come forward, report a crime, and undergo an invasive “rape kit” examination at the hospital. It is designed to help ensure their privacy, and to encourage actual survivors to report sexual violence.