June 1, 2007
SILVER MOVING ON FORCED HIV TESTING BILL?
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Do you trust your doctor and health experts — or do you trust her? |
The New York Times reported Thursday that Assembly Speaker Sheldon Silver (D-Manhattan) will allow a forced-HIV-testing bill aimed at rape suspects to "come to the Assembly floor" for a vote before the end of this year's state legislative session on June 22.
Leading HIV/AIDS and anti-rape groups oppose the measure, which would allow forced HIV testing of rape suspects after indictment and prior to conviction. Governor Eliot Spitzer supports the bill, despite strong opposition by health care and HIV/AIDS experts in his administration. It runs against post-exposure prophlyaxis recommendations from the New York State Health Department AIDS Institute, and against the best-practices counseling provided by front-line rape counselors and health care providers.
The Update reported on the measure three weeks ago and Housing Works staff and clients have been working with GMHC, NYAC, the Legal Action Center and other AIDS groups to educate lawmakers about its shortcomings.Other opponents include the New York State Coalition Against Sexual Assault, the Center for Anti-Violence Education, the Crime Victims Treatment Center, the Downstate Coalition for Crime Victims, and the New York State Coalition Against Domestic Violence.
Twenty-two HIV/AIDS and anti-violence groups have signed a letter of opposition drafted by GMHC — your group can still sign on by sending an e-mail to Daryl Cochrane. Housing Works led a picket of Spitzer's first campaign office in 1998 when Spitzer ran TV ads in favor of forced HIV testing of rape suspects, and we've continued our strong opposition.
The main reason: The bill doesn't do anything FOR survivors of sexual assault — and it may do great harm by providing irrelevant information that could lead to bad treatment decisions.
Fast treatment recommended — don't wait for indictment
Prime sponsor Nettie Mayersohn (and headline writers at the New York Times) pitch the measure as an aid to rape survivors. But the decision to take a round of antiretrovirals as PEP treatment has to be made in the first 36 hours after exposure — any delay could be a big mistake. Lawmakers and advocates who have studied the issue have acknowledged that criminal indictment triggering the provisions of the bill won't take place during this period. So any information derived from the forced testing will be medically irrelevant.
Full course of treatment recommended — no matter the status
PEP guidelines also recommend completion of a full course of treatment, regardless of the HIV status of the attacker. And experts are careful to counsel against discontinuing treatment just because a suspect tests HIV-negative, because of the up-to-six-month latency period for seroconversion that could lead to a false negative test and because of the fact that this period prior to seroconversion is when individuals are most infectious.
It's because of these reasons (along with the little constitutional issue of forced bodily seizure prior to conviction) that at least four Assembly Members who had been sponsors of the Mayersohn bill have removed themselves as sponsors in recent days.
Housing Works clients and staff will be working the halls of Albany in the next three weeks to build opposition to the bill and urge "no" votes in the Codes Committee and on the Assembly floor — to join us e-mail Charles Long .