DNA collection from arrestees won't stop rape.

I’ve been a little distracted this month, and I missed the Supreme Court ruling that police officers can collect DNA samples from people who have been arrested for, but not convicted of, a serious crime. The case is Maryland v. King.

Many people, particularly sexual assault survivor groups, are praising the decision as a step forward in protecting the survivors. The president and founder of Rape, Abuse, and Incest National Network (RAINN), Scott Berkowitz had this to say, “We’re very pleased that the court recognized the importance of DBA and decided that, like fingerprints, it can be collected from arrestees without violating any privacy rights. Out of every 100 rapes in this country, only three rapists will spend a day behind bars. To make matters worse, rapists tend to be serial criminals, so every one left on the street is likely to commit still more attacks. DNA is a tool we could not afford to lose.”

Berkowitz isn’t wrong, but things are a little more complicated. DNA evidence isn’t why rapists don’t go to jail. We live in a rape culture that tells rapists there is nothing wrong with rape. Rapists are usually serial criminals, but none of this is going to change with the collection of DNA evidence from the masses…some rapes don’t have DNA evidence. As Wagatwe Waniuki points out for RH Reality Check, there are some major concerns for people of color if the authorities can just collect DNA every time they arrest someone. Specifically, black men are arrested at a disproportional rate so more of the DNA collection would be of that population. Wanaka described her feelings following the ruling, “Here’s what I immediately felt when I found out: frustration at the further eradication of my right to privacy, fear of what this ruling will mean for people of color, and disappointment that people who I thought were my allies were praising such a ruling.”

Waniuki cites Jason Silverstein’s piece in The Nation, “Because people of color are disproportionately stooped searched and arrested, they will bear the burden of this genetic dragnet. And because DNA samples can be used to establish family relationships, it has the potential to widen the surveillance to entire communities.”

Are we even sure this DNA evidence will be analyzed? I ask because of the massive backlog of rape kits nationwide. What about the DNA of people wrongly arrested? If proven innocent is their DNA destroyed? Of course not. Massive DNA collection isn’t going to solve rape cases; it isn’t going to stop rape either. It is going to provide a bank of DNA from disproportional, marginalized group for the use of the state. I believe most rapes stem from a culture that promotes women as objects and subhuman. As long as society believes women are disposable, rapes will occur (I’m not leaving out men who are victims as well. Rapes occur when one person is concerned subhuman by another).