Test Rapists For HIV When Indicted

Assembly Bill #9912 which I introduced early in the session deals with a rape victim's right to obtain a court ordered HIV test of the rapist after the indictment. An indictment indicates that there is enough evidence to bring the case to trial.
There are 26 women legislators who are prime sponsors of this bill and who understand this is an important issue for women. (In all, I have 85 sponsors.)
Protocol dictates that the rape victim get herself tested immediately after the crime takes place. The problem is that the virus usually takes from six to twelve weeks before it shows up in the woman's system. If she does not know the rapist's HIV status, she must take all of the very toxic medications (nPEP) prescribed to ward off the virus.
However, if the rapist tests negative, then Department of Health Guidelines say, &#8220If prophylaxis has been initiated and the alleged assailant is found to be HIV-Antibody negative, then nPEP should be discontinued.”
Our concern must be, not for the rapist, but for the rape victim who must deal with the trauma of the rape, and just as devastating, she faces weeks of uncertainty, not knowing whether she has been exposed.
As a result, she must continue taking the medication for a period of four weeks. Some of the advocates have suggested that the medications are not that toxic - almost like taking an aspirin.
The common side effects of the of antiretroviral therapy run the unpleasant spectrum from fatigue, insomnia, nausea, headaches, diarrhea, numbness in extremities, ulcers, fever, rash, dizziness, flatulence, dry lips, dry mouth to abdominal discomfort.
The adverse side effects of antiretroviral medications include everything from peripheral neuropathy, pancreatitis, lactic acidosis, liver disease, anemia, abnormal blood conditions, mouth ulcers, hepatitis, malaise, vomiting, rash, pus in the urine, unusual dryness of the eyes and skin, depression and even psychosis.
I am asking for your support on this bill. Rape is something that can happen to any woman. Think of someone you care about and whether you would want her to have to go through this kind of ordeal - weeks of agonizing uncertainty and the requirement to take prophylaxis drugs with well recognized and sometimes very serious side effects, while not necessarily being exposed to HIV.
As many of you know, I have been focused on health issues, and I consider them carefully before I take one on. You may know about my stroke initiative and the work that I have done on Lyme Disease, in addition to baby AIDS and Partner Notification.
I now ask for your support. Please contact your Assembly or Senate member and request that they vote this bill out of committee and then vote for it when it gets to the floor.
This is an important health issue. The test results of the rapist can be gotten within minutes - no woman should have to wait longer.
- Assemblywoman Nettie Mayersohn's 27th Assembly District covers Flushing.