HIV Testing in Rape Cases

* In response to your editorial “Informative as Possible Without Getting Reckless” (Jan. 30) dealing with AIDS notification to rape victims:

As a strong supporter of AIDS confidentiality laws, I understand the importance of guaranteeing confidentiality for all of those who seek HIV testing. It is only with this safeguard that people who should be tested will make use of testing opportunities.

But I think there is a clear distinction between the general concept of confidentiality and instances where a person has been accused of rape. Current law permits women whose rape cases have been filed by the district attorney to petition the court to require that the accused person is tested. These victims are able to learn the HIV status of their alleged attacker.

As a member of the State Assembly, I will be introducing legislation that will extend this benefit to all victims who have filed charges with their local law enforcement agency. However, they will have to convince a judge that they have “probable cause” to warrant knowing the HIV status of the person they have accused of rape or other sex crimes.

My proposal will not damage the intent of the current confidentiality law. The purpose of confidentiality is to encourage testing. This is a moot issue for a serial rapist who is required to be tested! And in my opinion serial rapists give up their right to privacy when they commit a sex crime that may infect their victims with the HIV virus.

Rape is a heinous crime that has a profound and long-lasting impact on women’s lives. Whole families are impacted. As a society we owe it to the women who are victims of rape to give them as much knowledge--and thus control--over their lives, as possible.

While I agree with The Times that victims should be tested and, in most cases, infected persons will test positive within three months, the test is not fullproof for at least six months. That fear is yet another, ongoing crime perpetrated on the victim. Testing the rapist is the fastest way to assure the rape victim and speed the process of emotional healing.

Of course, it is also important that we protect against the filing of false claims. This bill includes such provisions.

It is time to stop putting the rights of criminals over the rights of crime victims. The victims of rape and sexual assaults deserve no less.

DIANE MARTINEZ

State Assembly

D-Rosemead