This is the issue here the issue of CoC isn’t about what happens to the kit once it’s submitted but how the collection is done.
What ever temporary protocol California or any other state has put into place I can guarantee you that it involves the forensic nurse not only instructing the victim on how to use the kit but verifies that the victim collects samples only from themselves and that these samples are sealed in an tamper resilient bag/container by the victim in clear view of the nurse.
As in the nurse has to watch the victim swab their own vagina, anus, finger nails and any other body part that may have DNA evidence and place the swab in a bag and seal it.
The seal would then be inspected by law enforcement and the lab and the CoC would be documented and preserved.
At that point the amount of doubt is more or less identical to having consensual sex to gather DNA evidence and then falsely accusing someone of rape which can happen regardless of where the evidence collection takes place.
This is the part these kits cannot provide and this is why they cannot be admissible there is quite a big difference between having consensual sex to collect DNA evidence which is easier to prove and just being able to take a cotton swab to someone toothbrush or water bottle.
What ever temporary protocol California or any other state has put into place I can guarantee you that it involves the forensic nurse not only instructing the victim on how to use the kit but verifies that the victim collects samples only from themselves and that these samples are sealed in an tamper resilient bag/container by the victim in clear view of the nurse.
As in the nurse has to watch the victim swab their own vagina, anus, finger nails and any other body part that may have DNA evidence and place the swab in a bag and seal it.
The seal would then be inspected by law enforcement and the lab and the CoC would be documented and preserved.
At that point the amount of doubt is more or less identical to having consensual sex to gather DNA evidence and then falsely accusing someone of rape which can happen regardless of where the evidence collection takes place.
This is the part these kits cannot provide and this is why they cannot be admissible there is quite a big difference between having consensual sex to collect DNA evidence which is easier to prove and just being able to take a cotton swab to someone toothbrush or water bottle.