It might be prudent to have a fifth amendment immunity clause, like Miranda in reverse, given by evidence gatherers. "No victim dna gathered from the sample shall be used...". There is no precedent yet and other prosecutors may feel less heat.(I'm not too optimistic about the fourth amendment, the argument could be made that they voluntarily consented to the search.)

Meanwhile Regina Chu that fucking bitch let that cunt Kim Potter get a slap on the wrist 16 months for brutally murdering a black man. But we're gonna arrest a victim based on DNA from a rape kit. Put a black woman in prison for 5 years because she mistakingly thought she was eligible to vote. Motherfuckers.

As it should be.