For Immediate Release
June 22, 2007
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Media Contact:
Noel Alicea, 212.367.1216
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GMHC DENOUNCES LEGISLATURE'S PASSAGE OF A FORCED HIV TESTING BILL
This Legislation Could Put the Lives of Victims of Sexual Assault at Risk for HIV
New York, NY—Gay Men's Health Crisis (GMHC) today denounced the New York State Legislature for passing A.9256/S.6357, a bill to mandate HIV testing for indicted rapists.
"This bill, while emotionally appealing, disregards well-established medical information and has the potential to harm—not help—the very people it is intended to help," said Marjorie J. Hill, Ph.D., Chief Executive Officer of GMHC. "This legislation is neither grounded in science nor an appropriate means of protecting survivors of sexual assault. It provides a false sense of security at a time when security is most needed."
The bill, intended to provide victims with information to make appropriate medical decisions, instead provides false hope to survivors of sexual assault at what could be a critical moment in their decision-making process. Medical science tells us that no HIV test can provide the certainty required when an immediate medical decision must be made.
The bill continues to ignore:
- that misleading information will be given to rape victims that will wrongly encourage them to either not start, delay, or to discontinue HIV Post-Exposure Prophylaxis (PEP) treatment early. Guidelines developed by the World Health Organization, the CDC, and City and State Departments of Health clearly state that rape victims should begin a full course of PEP treatment immediately unless it is known, with certainty, that the source person is HIV negative. Treatment must begin within 72 hours of contact in order to be effective.
- incidences when the wrong potential source has been indicted, i.e., when the wrong suspect is tested and the real rapist, who may be HIV positive, is free; and
- the true meaning of HIV results, by failing to consider that a negative HIV test of the potential source does not mean that person is negative. He/She may be in the 'window period' when HIV antibodies are not present in the blood in sufficient quantities to produce a positive HIV test result.
The bill's only real support for survivors of sexual assault is its provision to make PEP treatment available to all who seek it. This is a big step toward helping survivors, particularly those in rural areas where PEP treatment has not typically been as available. Despite this important step to protect victims, the bill is severely flawed.
By creating a link between crime and HIV testing, we set a bad precedent. The State should encourage all New Yorkers to get tested for HIV and make testing universally available. Testing for HIV is the first critical step towards knowing one's HIV status and obtaining treatment and care. By making testing mandatory and linking it to a horrific crime, New York State further increases the stigma associated with HIV and AIDS and could discourage victims of rape from taking care of their own health.
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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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