NCJ Number
147015
Journal
Washington Law Review Volume: 67 Issue: 1 Dated: (January 1992) Pages: 195- 213
Date Published
1992
Length
19 pages
Annotation
Mandatory HIV testing of accused or convicted rapists is discussed.
Abstract
As a result of the growing concern of rape victims about exposure to the AIDS virus, many States have enacted legislation allowing for forced testing of suspected or convicted rapists for the purpose of releasing the results to victims. Because the U.S. Supreme Court (Court) has yet to hear a Fourth Amendment challenge to any mandatory HIV testing program, the constitutionality of testing is not settled. This Comment analyzes mandatory HIV testing under this circumstance and concludes that such testing is a violation of the Fourth Amendment's proscription against unreasonable searches and seizures, failing to achieve the government's asserted goals of protecting the victim's physical and mental health and the health of those with whom the victim comes in contact. The author urges the Court, when confronted with the appropriate case, to overturn State statutes requiring mandatory AIDS testing of accused or convicted rapists. 139 footnotes