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Bill
Would Force Rape Suspects to Take HIV Test |
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A bill that would require
rape suspects to undergo
HIV testing passed the Republican-led state
Senate on Tuesday by a 44-14 vote. It is scheduled for a vote on Thursday in
the Codes Committee of the Democratic-controlled Assembly.
The bill would provide rape victims with the option of forcing a suspect to
be tested for HIV under a court order, with results provided to the victim
and the suspect. Just as blood tests can be required of suspected drunk
drivers before conviction, testing rape suspects for HIV would be
constitutional, said Sen. Stephen Saland (R-Poughkeepsie), a co-sponsor of
the measure. Supporters of the bill say it would let victims know right away
if they need to begin HIV treatment.
Some, however, vehemently oppose the bill. Sen. Thomas Duane (D-Manhattan),
who is HIV-positive, said rape victims should immediately accept the offer
of treatment in emergency rooms and not wait for a suspect to undergo a
court-ordered test. A negative test result could prompt the victim to
discontinue preventative treatment, only to find out later the suspect was
the wrong person, he added.
Housing Works, the nation's largest community-based AIDS housing group, is
actively lobbying against the bill's passage. "Rape survivors are being
horribly manipulated," said HW's Nina Herzog. "They are being used by
AIDS-phobic legislators to try to promote HIV testing at the expense of
their own ability to make sound health decisions."
Under the measure, said Saland, victims would receive counseling to help
them decide whether to force testing of the suspect. According to the
National Conference of State Legislatures, most states allow or require HIV
testing of rape suspects, though generally only after conviction.
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Associated Press
(06.13.07):: Michael Gormley |
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service only. Providing synopses of key scientific articles and lay
media reports on HIV/AIDS, other sexually transmitted diseases
does not constitute endorsement. The above summaries were prepared
without conducting any additional research or investigation into the
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