May 11, 2007
PLAYING THE VICTIM
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Survivors need treatment, not politics |
Queens Democratic Assemblywoman Nettie Mayersohn and Poughkeepsie Republican Senator Stephen Saland have reintroduced their dangerous and misguided legislation that would force suspected sex offenders to submit to HIV tests and provide the results to sexual-assault victims.
The Saland bill will be considered this Tuesday in the Senate Codes Committee. The measures — bill numbers S. 3740/A. 4861A — appear to have victims' best interests at heart but they fail to address their real medical needs: fast, accurate medical information about HIV infection and, if necessary, treatment.
Because of the limitations of HIV testing, the results of a forced test are more likely to mislead survivors of sexual assault about medical decisions than guide them to make the appropriate ones — and that's a big problem, since helping victims is what the sponsors of the bills say they want to accomplish.
An innocent suspected sex offender who tests negative may lead a rape survivor who's been exposed to HIV to inaccurately believe that he or she hasn't. A suspect who has the virus but has not yet seroconverted — which can happen three to six months after infection — may also mistakenly lead a survivor to believe he or she hasn't been exposed.
Forced testing skirts the real concern of sexual assault victims: getting treatment that follows the Centers for Disease Control's "post-exposure prophylaxis" guidelines.
What survivors really need: quick treatment
The CDC — and New York's NYSDOH AIDS Institute — recommends a consultation with a doctor as soon as possible after potential HIV exposure: Rape survivors shouldn't wait for a suspect to be apprehended. And if a high-risk exposure appears to have taken place, doctors should prescribe a short course of antiretroviral medication within 72 hours.
Unfortunately, the indictment and court review necessary to approve forced testing requests would likely happen long after this window of opportunity for treatment.
That means the Saland/Mayersohn bill actually provides zero benefit to victims of sexual assault. But it does accomplish a couple of other things: playing politics with HIV stigma, and trampling on the constitutional rights of criminal suspects.
HIV stigma and fear of people who are infected with HIV is the driving force behind this legislation, as committee discussions on the measures have demonstrated in prior years. Supporters have admitted in debate that there's no real benefit to rape survivors — but have continued to press the legislation because of the hot-button politics of revenge and stigma.
Forced testing violates a host of constitutionally guaranteed rights including presumption of innocence, due process, equal protection, privacy, and protection against unreasonable search and seizure of the individual singled out for nonconsensual testing.
Call Senators this week — vote 'no' in Codes
Instead of passing Big-Brother laws at odds with sound public health policy, tell your representatives in Albany to focus on funding for HIV health care, information and treatment initiatives aimed at getting speedy, accurate information and treatment to rape survivors and continued support for anti-crime and anti-violence efforts.
The Senate version of the bill goes to the Senate Codes committee next Tuesday. (You can find out who represents you in the State Senate at www.congress.org.) If your senator is on the list below, ask him or her to oppose forced HIV testing. You can reach any state senator at 518-455-2800 — we'll keep you posted on the results.
Sen. Eric Adams (D)
Sen. John Bonacic (R)
Sen. Neal Breslin (D)
Sen. Martin Connor (D)
Sen. John DeFrancisco (R)
Sen. Tom Duane (D)
Sen. Martin Golden (R)
Sen. Kemp Hannon (R)
Sen. Andrew Lanza(R)
Sen. Serphin Maltese (R)
Sen. Bill Perkins (D)
Sen. Stephen Saland (R)
Sen. John Sampson (D)
Sen. Eric Schneiderman (D)
Sen. Dean Skelos (R)
Sen. Dale Volker (R)