United States: Testing of Juveniles Accused of Sexual Assault
Fuentes J of the New Jersey Superior Court recently held that a state law requiring HIV testing of juveniles charged with sexual assault was unconstitutional.[1]
Fuentes J found that testing violated the defendants' rights of privacy and was not justified by any medical needs of the victims, crediting expert testimony that "the HIV status of the alleged assailant or even the actual assailant would provide no useful information to a physician in his/her attempt to diagnose the victim of the assault." Furthermore, the judge held that testing the assailant might be harmful to the psychological health of the victim, since "a positive test from the assailant would not necessarily mean the victim is positive, and the victim would then have to be tested repeatedly, thinking she is at risk for AIDS when she may not be." The judge concluded that testing the victim is the best approach to dealing with the victim's health concerns.
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ENDNOTE
[1] State in the interest of J.G., N.S. and J.T., 1995 WL 251592 (NJ Superior Ct, Chancery Div, Family Part, Hudson County). Reported in Lesbian/Gay Law Notes Summer 1995, at 110.