For Immediate Release
June 13, 2007
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Media Contact:
Noel Alicea, 212.367.1216
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Senate Passes HIV Testing Rape Bill: "While This Vote Might Make Senators Feel Good, It Is Bad Public Policy"
Statement from Marjorie J. Hill, Ph.D., Chief Executive Officer of Gay Men's Health Crisis:
Today the New York State Senate passed a bill requiring mandatory HIV testing for indicted rape suspects that aims to protect survivors of sexual assault but instead puts them at greater risk. The bill could jeopardize lives by giving survivors false hope instead of medically-sound information that would protect their health and well-being.
While this vote might feel good, it is bad public policy. The bill, while emotionally appealing, is medically unsound from the perspective of the victim's health. The legislation obscures the fact that an assailant's HIV test results are simply irrelevant in making necessary, immediate treatment decisions. The bill flies in the face of well-established medical advice from the World Health Organization, CDC, and the New York state and city departments of health in regard to protocol for treating rape victims.
By pandering to emotion instead of relying on scientific information, the New York State Senate has jeopardized the long-term health outcomes of survivors of sexual assault by increasing their risk for illness and decreasing the focus on time-sensitive treatment options. Delaying or discontinuing prophylactic HIV treatment increases the risk for illness. That's why the bill has been forcefully opposed by a coalition of victims' rights, women's rights, and AIDS groups—over 30 organizations from across the state including: New York State Coalition Against Sexual Assault, New York State Coalition Against Domestic Violence, National Organization for Women-NYS, Downstate Coalition for Crime Victims, Family Planning Advocates, Women's HIV Collaborative of New York, YWCA Western New York, Life Force: Women Fighting AIDS, New York AIDS Coalition and Gay Men's Health Crisis.
Mandatory testing as a means of gathering information on another's HIV status is neither grounded in science nor appropriate public health policy. Medical science clearly states that a negative HIV test result of the defendant does not mean that the defendant is negative. He/she may be in the "window period" when HIV antibodies are not present in the blood. By co-sponsoring this bill, the Legislature could incorrectly encourage rape victims to either not start or to end their HIV post-exposure prophylactic treatment early. This can be devastating to the victim's health.
Survivors of sexual assault face great uncertainty and trauma. It is important that they re-establish control over their lives. We believe this begins with empowering and educating them to make their own treatment decisions—decisions which must be informed and grounded in science.
We urge the Assembly to reject the bill and instead work with community groups to provide support for real and effective ways to prevent HIV transmission in New York State.
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Gay Men's Health Crisis (GMHC) is a not-for-profit, volunteer-supported
and community-based organization committed to national leadership in the
fight against AIDS. Our mission is to reduce the spread of HIV disease,
help people with HIV maintain and improve their health and independence,
and keep the prevention, treatment and cure of HIV an urgent national and
local priority. In fulfilling this mission, we will remain true to our
heritage by fighting homophobia and affirming the individual dignity of
all gay men and lesbians. We provide services and programs to over
15,000 men, women and families that are living with or affected by
HIV/AIDS in New York City. For more information, please visit www.gmhc.org.
© 2007 Gay Men's Health Crisis
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