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It's one of the first things that goes
through a sexual assault victim's mind: "Does the rapist
have a sexually transmitted disease?" and "Am I
infected?" Victims of sexual assault and their supporters
are pushing for tougher laws that would require a person
charged with rape to submit to an HIV/AIDS test. Existing law
carries no such requirement. Doris Stewart, a 70-year-old
Montgomery resident who survived a sexual assault two years
ago, is waiting for the day the law is changed. She could see
that day soon if Alabama legislators approve a testing bill
that will come before them when they convene for the 2005
regular session on Feb. 1. "Right now, the person that is
raped doesn't have any recourse hardly, and the rapist isn't
required to have an AIDS test," Stewart said in a recent
interview. "This is just not right." State Rep. David
Grimes, R-Montgomery, is sponsoring legislation, House
Bill 14, which he says will mandate such tests, thus providing
victims the medical information they need as soon as possible
about a perpetrator who might be infected. According to
figures from the Alabama Criminal Justice Information Center,
1,561 rapes were reported in the state in 2003. On average,
there were 4.3 rapes reported per day that year. "In
Alabama, when a person is charged with sex crimes, they are
not forced by law to submit to an HIV test," Grimes
said. "This is a tremendous burden on the victim because
the victim doesn't know if the perpetrator is infected." Grimes
said victims of sexual assault must know as soon as possible
so they can take the necessary medical precautions in case
they, too, have been infected. Grime's proposal would
allow a victim of rape, sodomy or sexual misconduct to request
that the alleged offender be tested. The bill also would
authorize re-testing if initial results come back negative.
The issue hits home for Stewart, who was attacked inside her
Montgomery home. The night of Nov. 25, 2002, she said, was a
night that changed her life. "A guy kicked my door in,
raped and sodomized me and smothered me half to death,"
she said. What happened later, she added, was also appalling.
When Stewart sought justice in the case, she found that the
state doesn't have the power to make alleged perpetrators take
an AIDS test. Grimes' said his proposal is clear and
simple. Upon the victim's request, the district attorney would
file a motion with the court, which would order the person
charged to submit to testing. A test is ordered if the court
determines there is probable cause to believe that the person
charged committed the crime. However, the result of the tests
would not be public record. Only a victim, her parents or
guardian, her physician and the person being tested would see
the results. A string of hair, a saliva sample or urine or
blood sample would be tested, Grimes said. "There
is no plausible reason not to submit to that test," the
representative said. "We're talking about a minimal
invasion." Grimes said his bill would also provide
for victims to receive counseling. The measure passed the
House and was approved by a Senate committee in the 2004
regular legislative session, but the Legislature adjourned
before the bill came up for final passage. Grimes said
his proposal has received no opposition from legislators so
far, and he is confident it will pass. "I don't have any
apprehension whatsoever about the possibility of it
passing," Grimes said.Ceil Champion, board
president of the Lighthouse Counseling Center, whose Standing
Together Against Rape program provides counseling and medical
exams to sexual assault victims, supports the idea. "It
offers a victim of rape a sense of peace of mind, rather than
... constant doubt, not knowing whether an alleged perpetrator
is infected with HIV," she said. "If this measure
does not pass, it only adds to the victims' pain and
doubt."
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