Rape suspects can be forced to undergo HIV tests under New York law

The New York Times /AP (8/24) reports, "Rape suspects can be forced to undergo HIV testing under a law signed yesterday by Gov. Eliot Spitzer (D)." Under the law, rape victims are given "the option of forcing an indicted suspect to be tested under a court order, with the results provided to the victim and the suspect. Supporters say it will let victims know quickly if they need treatment." But, New York's Press & Sun Bulletin (8/23, Wiessner) added, "Opponents of the bill...said that testing a suspect is a presumption of guilt, which is unconstitutional. They also said that if a suspect's test came up negative, it would discourage rape victims from taking drugs that can prevent the development of HIV."