NCJ Number
132796
Date Published
1991
Length
48 pages
Annotation
The Center for Women Policy Studies has issued a position paper opposing mandatory HIV testing of rapists on the grounds that this policy fails to address rape survivors' need for health care and emotional support services, manipulates and disempowers survivors through misinformation about HIV transmission and testing, and sets a dangerous legislative precedent.
Abstract
Proponents of mandatory HIV testing for rapists argue that it would prevent convicted offenders from taking advantage of plea bargaining in exchange for voluntary testing and could provide evidence in civil suits brought by rape survivors infected by their assailants. However, this paper argues that mandatory testing is a misguided approach because it does not provide timely information to survivors about their risks of contracting HIV, it does not address the real needs of survivors, it misconstrues the importance of the rapist's HIV status to the survivor's health, it does not facilitate the survivor's psychological recovery, and it sets a precedent for expanding mandatory testing to other groups including pregnant women and sex workers. Instead, the authors recommend the implementation of survivor-based Federal and State policies: funding for free anonymous HIV testing and counseling for rape survivors, funding to provide rape survivors with prophylactic AZT treatment, funding to provide long-term health care to rape survivors who develop HIV infection, provisions for free HIV counseling and testing services targeted toward low-income and non-English speaking women, and funding for training programs for target groups on legal issues associated with HIV. 8 notes and 40 references