State Rep. Colleen Garry Goin after Convicted Rapists
A person who is the victim of rape or sexual assault should have the right to know whether their convicted attacker is carrying the virus that causes AIDS, according to one state lawmaker.
State Rep. Colleen Garry, D-Dracut, has proposed a bill that would require every person convicted of rape or sexual assault to be tested for the human immunodeficiency virus, and the results to be available to their victims.
“Victims need to know or have some assurances,” Rep. Garry said. “They have the right to know the status of the convicted person.”
Garry’s bill, which she has proposed in prior legislative sessions but which has not met with the approval of her colleagues, is to be considered by the legislative Committee on Public Health today.
The HIV testing requirement would cover a handful of sex crimes in addition to rape and sexual assault, included indecent assault on a child under 14, indecent assault on a mentally retarded person, and assault with intent to commit rape.
Within 14 days of the conviction, the guilty person would have to be tested for the virus under the direction of either a prison warden or superintendent, or sheriff, or by a probation department if the person is not in custody.
It would also require that the convicted person not be eligible for parole or work release until the test is complete. It allows a judge to declare the convicted person to be in contempt if they refuse to submit to the HIV test.
The bill doesn’t provide any specific recourse for a victim if their alleged attacker is found to be HIV-positive. Garry said the so-called “double-jeopardy” laws would prohibit a person from being prosecuted for a different crime based on the same attack, even if there was evidence that could find the attacker transmitted the virus to the victim.
But even advocates for battered women oppose the bill, saying there is no legal basis for a victim of a sexual assault or rape to know whether the perpetrator had the virus.
“There is no medical or legal value to such a provision,” said Nancy Scannell, director of governmental affairs for Jane Doe Inc. of Massachusetts. “While we think the bill has good intent, there is no medical benefit to the victim at all.”
Scannell noted that it takes, on average, 12 to 18 months for a person to be arrested and convicted of rape or sexual assault, during which time they could contract the virus.
However, a person who has potentially been exposed to the HIV virus must be treated with anti-HIV prophylactic medications within 72 hours of the potential exposure to prevent an infection, she added.
“It’s not wholly reliable information the victim would be getting,” Scannell said.
Scannell said that if such a measure passed, it would create an impression among victims of rape and assault whose alleged perpetrators were not convicted “that there is some information of value that they are being prevented from getting.”
“It chooses a class of victims, only those where the prosecution was successful, and it excludes the vast majority of victims,” she said.
The American Civil Liberties Union also opposes mandatory HIV testing of sexual assault perpetrators, saying it violates the convicted person’s privacy rights.
July 7th, 2005 at 7:42 pm
Hi, my name is keri. i am writing an essay about how rapists get away with the crimes they’ve committed, and i happened to come by your website. i, myself, was raped in april of this year and just now, in july, recieved my toxicollogy kit back claiming that i was not given any date rape drugs. during the rape incident i dont remember 90% of what happened, yet, because there was no date rape drug found in my system, my offendor gets away scott free. i think its wrong that the department of justice is so easy going on this crime. i was intoxicated and not in control and he took control and had sex with me, how is that not prosecutable? i think rape victims deserve a lot more than just the right to be tested for HIV. not only are some of us looked upon as helpless people, but some are accused of lieing and looking for attention and that we “asked for it.” No one is responsible for another persons’ violent/criminal acts. Not only may a rape victim get HIV from their offender, but if they are not prosecuted, such as in my case, us victims are left with nothing. Nothing but the fear of being assaulted again. I hope everything works out as planned for the testing of HIV. If victims like me can’t have that, than what DO we have?
Sincerely, Keri
July 7th, 2005 at 7:46 pm
Another question i have, is what if the offender isnt convicted of the crime? are you saying that only victims of convicted rapists have the right to know if they have aides?
July 7th, 2005 at 7:47 pm
excuse me, AIDS.
July 19th, 2005 at 5:43 pm
I absolutely, positively in no way condone rape in any way whatsoever. However, you mention that people need to be accountable for their actions. Do you think getting black out drunk is a good thing? Perhaps next time you drink that much you will be sure you are around people you trust with your life.
I don’t doubt what you say happened really happened, but I know there are a lot of people out there who look to take advantage of the law and how it is enforced.
October 19th, 2006 at 10:22 am
Has Colleen Garry done anything lately that is noteworthy?
October 19th, 2006 at 10:26 am
[...] Dennis Dockham was freed without bail but must wear a GPS ankle bracelet with a global-positioning system. He is also to be confined to his home, except from 7 a.m. to 3 p.m. so he may search for employment, and Sunday’s from 8 a.m. to noon so he may attend church services. I can’t believe this guy gets to come and go during the day. Isn’t that just another oppertunity to roam around looking for more kids? Maybe he would take a drive down to the Dracut Skatepark. Yea scarey huh? Is there anything Rep. Garry can do? [...]