Bill Would Force Rape Suspects to Take HIV Test

Bill Would Force Rape Suspects to Take HIV Test

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.

Associated Press (06.13.07):: Michael Gormley

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