NSW Police Use Genetic Genealogy for First Time, Leading to Arrests in Historical Sexual Assault Cases

New South Wales (NSW) Police have employed Forensic Investigative Genetic Genealogy (FIGG) for the first time, leading to two arrests in historical sexual assault cases. This investigative technique uses DNA from crime scenes to identify distant relatives through commercial ancestry databases, generating leads for unsolved serious crimes. The application of FIGG introduces specific legal and ethical considerations regarding data privacy and consent.

Recent Arrests Highlight New Approach

The inaugural use of FIGG by NSW Police has resulted in the arrests of two individuals, marking a significant development in solving cold cases.

On Wednesday, Robert Wayne Kwan, 77, was arrested in South Kempsey and charged in connection with alleged historical sexual assaults occurring between 1991 and 2002. These incidents reportedly involved an 11-year-old girl in Sydney and a 26-year-old woman near Dubbo.

Two days later, a 73-year-old man was arrested in Murwillumbah for alleged sexual assaults on the Central Coast in the 1990s. The allegations include attacks on a 52-year-old woman, a 16-year-old girl at Budgewoi Beach, and an incident near Killcare where a 16-year-old girl was sexually assaulted among three young girls.

Deconstructing Forensic Investigative Genetic Genealogy (FIGG)

FIGG is an investigative tool that aids law enforcement in generating leads for cases where traditional DNA database searches have been unsuccessful. It is not a direct identification tool or a substitute for conventional DNA profiling.

Traditional DNA Profiling: Focuses on a limited number of genetic markers, such as 20-21 Short Tandem Repeats (STRs), to create a profile for direct comparison against known samples in criminal databases.
FIGG Analysis: Examines hundreds to thousands of Single Nucleotide Polymorphisms (SNPs) across the genome. These genetic markers are sensitive enough to reveal distant biological relationships, such as third or fourth cousins.

The process involves comparing crime-scene DNA with genetic information voluntarily uploaded to commercial ancestry websites. Once a distant relative is identified, investigators construct a family tree and analyze public records to narrow down potential suspects based on characteristics like sex, age, and location. Police then obtain a fresh DNA sample from a person of interest and use traditional DNA profiling to confirm a match. FIGG's role is strictly for investigation and does not confirm guilt or innocence.

FIGG's Reach and Application in Australia

FIGG relies on genetic data contributed by individuals to commercial ancestry websites, designed for tracing family origins. Platforms like GEDmatch PRO and FamilyTreeDNA are utilized by NSW law enforcement. By 2019, over 26 million people in the United States had completed at-home DNA tests, establishing extensive genetic datasets. It is estimated that approximately 5-10 percent of profiles on relevant databases are Australian.

NSW Police apply FIGG primarily to cases involving sexual assault, homicide, or unidentified human remains. The technology requires a high-quality, single-source DNA sample; mixed or degraded samples can pose analytical challenges. The approximate cost of FIGG analysis is $10,000, significantly higher than routine DNA testing, which costs around $100.

Dr. Jodie Ward, a human identification specialist, founded the Forensic Human Identification Co. in 2024 to provide independent FIGG services in Australia. Her organization aims to enhance accessibility to this technology for various purposes, including assisting families, potentially exonerating the wrongfully convicted, advancing cases involving disappeared First Nations people, and identifying degraded human remains.

International and Local Impact

Internationally, FIGG gained prominence with its application in the "Golden State Killer" case in the United States, which led to the arrest of Joseph James DeAngelo Jr. in 2018. In Australia, FIGG has also been used in the identification of human remains, such as those of 38-year-old Tanya Glover, discovered in Brisbane in 2022.

Navigating the Legal and Ethical Landscape

The use of FIGG by law enforcement raises several legal and ethical questions, particularly concerning privacy and consent.

NSW Police Protocols: NSW Police are required to obtain specific approval before using FIGG, and any specialized genetic profiles created for an investigation must be deleted upon the case's conclusion. These safeguards are administrative and are not currently enshrined in legislation.
Legislative Framework: Legal expert Christopher Rudge notes that existing Australian laws were formulated for earlier models of forensic genetics, primarily focusing on genetic profiles already present in national criminal databases.
Consent and Privacy:

A central ethical concern is that the DNA used to identify a suspect often originates from a distant relative who has not explicitly consented to their genetic data being utilized for law enforcement purposes.

Initial privacy concerns arose when some genealogy services automatically shared user data with police; however, most databases have since transitioned to transparent opt-in systems. For example, GEDmatch PRO users are opted in for identifying human remains but must manually opt in for their data to be used in violent crime investigations.
Public Debate:

Dr. Rudge suggests that the balance between individual privacy and community safety merits parliamentary consideration and public debate.

It is recognized that cases involving multiple victims may present stronger justifications for the application of this technique. Experts emphasize the importance of public awareness regarding how personal DNA data might be used in investigations and understanding privacy rights when contributing to commercial databases.

The NSW Police encourage members of the public to consider uploading their DNA profiles to relevant databases, highlighting the potential for such actions to assist in solving serious crimes.