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District Attorney Reminds Victims of Sex Crimes of New HIV Testing Options
Putnam County District Attorney Kevin L. Wright said effective November 1, 2007 any victim of a serious sex crime would be encouraged to take advantage of an important new law to have HIV testing done on the accused defendant. Wright called the law a significant victory for the rights of victims of sex crimes The new law authorizes a superior court to order a defendant to submit to HIV testing after an indictment is filed rather than after a conviction occurred, as the old law provided. The law also will require hospitals to provide appropriate therapies and information to sex offense victims who have been exposed to HIV.
Wright said the results of the testing are made known only to the victim and the defendant not the court or the District Attorney. Additionally in order for the new law (Criminal Procedure Law §210.16) to apply, one of the elements of the charges against the defendant must be sexual intercourse, oral or anal sexual conduct. The District Attorney said the court can order the HIV testing of the defendant when the court finds it will be medically or psychologically beneficial for the victim. Early medical treatment and intervention for victims of these terrible crimes is very important and this law will help relieve some of the anxiety victims suffer at a much earlier stage now in the criminal proceedings according to Wright. The law also allows for another court ordered follow up test while the case is pending.
The District Attorney said that crime victims may also get help with the costly burden of HIV treatment drugs under the new law. The provisions relating to hospitals (Public Health Law §2805-i) who are treating victims exposed to HIV also requires the hospitals to notify victims that the NYS Crime Victims Board may be able to assist with payment for expensive HIV treatment drugs where the victims need financial help. Wright said that prosecutors benefit even though District Attorney's can't use the defendant's HIV results during trial because by giving greater knowledge and some peace of mind to a victim sooner rather than later, whichever way the defendant's tests turn out, helps make for more effective prosecutions with these victims who have already been through so very much.
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