ALBANY - Rape suspects would be forced to undergo HIV testing under a bill quietly making its way into law despite some impassioned opposition by gay rights advocates.
The bill, which has strong support in the Legislature, would give rape victims the option of forcing a suspect to be tested under a court order, with the results provided to the victim and the suspect. The test would be constitutional before a suspect is convicted, just as blood tests can be required of drunken driving suspects, argued the bill's co-sponsor, Republican Sen. Stephen Saland.
The measure passed the Republican-led Senate Tuesday and faces a critical Codes Committee vote Thursday in the Democrat-led Assembly.
The bill was favored by most of the Democratic conference in a recent meeting, said Assembly Speaker Sheldon Silver, who also supports the bill.
Gov. Eliot Spitzer also supports the measure, said his spokeswoman, Christine Anderson.
Supporters say the test would let victims know right away if they need to get HIV treatment.
“There are legislators who think this will be a good press release bill, but it could be very hurtful to the victim,” said Sen. Thomas Duane, a Manhattan Democrat who is gay and HIV-positive. “On the face of it, it seems like this bill makes sense. What it really shows is a misunderstanding of what will help victims and about the transmission of HIV.”
He said a rape victim should immediately accept the offer of anti-HIV treatment available in emergency rooms and not be tempted to wait for a court to order the suspect to take a test for the virus that causes AIDS. Duane also said a test result might show the suspect didn't have the virus, prompting the victim to discontinue preventive treatment, only to find out later that the suspect was the wrong person.
“I am not a defender of HIV-positive perpetrators in any way at all,” said Duane. “In fact, one of the main reasons I ran for elective office is to help prevent the spread of HIV and to help those who contracted it to get the best immediate treatment possible ... I'm not here for coddling of HIV-positive perpetrators.”
Housing Works, the nation's largest community-based AIDS organization that provides housing and other services, is still lobbying to block the bill.
“Rape survivors are being horribly manipulated,” said Nina Herzog of Housing Works. “They are being used by AIDS-phobic legislators to try to promote HIV testing at the expense of their own ability to make sound health decisions.”
“It's really not something that has rape survivors at the heart of it,” she said. “It's much more about hitting hard this myth of people with HIV going out there and murdering through sexual violence ... they should be ashamed of themselves.”
Duane was so loud in his debate on the Senate floor Tuesday that Republican Sen. Dale Volker of Erie County rose to ask for decorum in the chamber, saying the nurses were worried Duane might have a heart attack.
The bill passed 44-14.
There was no mention in a Senate press release and opponents said they couldn't get a clear signal from lawmakers how they would vote in the Senate or Assembly.
“It's a ‘go,”' Saland, of Poughkeepsie, said Wednesday. The bill sponsor noted victims receive counseling to help them decide whether to require the suspect to be tested.
“Basically what (opponents) are saying is that people that have been victimized in the vilest of fashion, don't have the ability to make intelligent decisions,” Saland said.
“Why should that person be denied?” Saland said. “Why should they have to wait years, for conviction, by which time it is truly academic.”
Most states permit or require HIV testing of rape suspects, most often after conviction, according to the National Conference of State Legislatures.
The measure passed the Republican-led Senate Tuesday and faces a critical Codes Committee vote Thursday in the Democrat-led Assembly.
The bill was favored by most of the Democratic conference in a recent meeting, said Assembly Speaker Sheldon Silver, who also supports the bill.
Gov. Eliot Spitzer also supports the measure, said his spokeswoman, Christine Anderson.
Supporters say the test would let victims know right away if they need to get HIV treatment.
“There are legislators who think this will be a good press release bill, but it could be very hurtful to the victim,” said Sen. Thomas Duane, a Manhattan Democrat who is gay and HIV-positive. “On the face of it, it seems like this bill makes sense. What it really shows is a misunderstanding of what will help victims and about the transmission of HIV.”
He said a rape victim should immediately accept the offer of anti-HIV treatment available in emergency rooms and not be tempted to wait for a court to order the suspect to take a test for the virus that causes AIDS. Duane also said a test result might show the suspect didn't have the virus, prompting the victim to discontinue preventive treatment, only to find out later that the suspect was the wrong person.
“I am not a defender of HIV-positive perpetrators in any way at all,” said Duane. “In fact, one of the main reasons I ran for elective office is to help prevent the spread of HIV and to help those who contracted it to get the best immediate treatment possible ... I'm not here for coddling of HIV-positive perpetrators.”
Housing Works, the nation's largest community-based AIDS organization that provides housing and other services, is still lobbying to block the bill.
“Rape survivors are being horribly manipulated,” said Nina Herzog of Housing Works. “They are being used by AIDS-phobic legislators to try to promote HIV testing at the expense of their own ability to make sound health decisions.”
“It's really not something that has rape survivors at the heart of it,” she said. “It's much more about hitting hard this myth of people with HIV going out there and murdering through sexual violence ... they should be ashamed of themselves.”
Duane was so loud in his debate on the Senate floor Tuesday that Republican Sen. Dale Volker of Erie County rose to ask for decorum in the chamber, saying the nurses were worried Duane might have a heart attack.
The bill passed 44-14.
There was no mention in a Senate press release and opponents said they couldn't get a clear signal from lawmakers how they would vote in the Senate or Assembly.
“It's a ‘go,”' Saland, of Poughkeepsie, said Wednesday. The bill sponsor noted victims receive counseling to help them decide whether to require the suspect to be tested.
“Basically what (opponents) are saying is that people that have been victimized in the vilest of fashion, don't have the ability to make intelligent decisions,” Saland said.
“Why should that person be denied?” Saland said. “Why should they have to wait years, for conviction, by which time it is truly academic.”
Most states permit or require HIV testing of rape suspects, most often after conviction, according to the National Conference of State Legislatures.
