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How does a rape survivor prove she or he has been raped prior to trial? Not all rape crimes are violent and not all are committed by strangers,rape happens in relationships and in marriage too and these are hard to prove.Men are also raped by other men and by women.I dont think a suspect should be forced to test.Better to offer hiv test to the rape victim as an opt out test in counselling. It should not be coercive either. If suspect is proven guilty, mandatory hiv test.
David
Given the tension that exists between protecting rape victims as well as those accused of rape, any law requiring hiv testing of rape suspects must provide for a prompt judicial determination that probable cause exists that that a rape has been committed and that the suspect has probably comitted it. The test results must be confidential and inadmissible against the accused in any subsequent legal proceding. Only with such safeguards can the rights of both the accused and the accuser be insured.
August 1, 2007 • New York City