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Pubmed for Handhelds

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  • Title: Court upholds law allowing testing of rape defendants.
    Journal: AIDS Policy Law; 1996 May 17; 11(9):1, 4-5. PubMed ID: 11363467.
    Abstract:
    The Appellate Division of a New Jersey Superior Court ruled that two statutes allowing sexual assault victims to require their assailants to undergo HIV-antibody testing are constitutional. This decision marks the first time the Fourth Amendment has been addressed by a New Jersey appeals court. In 1995, three teenage boys sexually assaulted a 10-year-old mentally retarded girl. Her guardians moved to have the boys tested for HIV. Superior Court Judge, Jose L. Fuentes, initially concluded that such testing would constitute an intrusion on the defendants' search and seizure rights without reassuring the victim of her own HIV status. The three-judge panel of the New Jersey Appeals Court overturned the decision, explaining that the victim's rights outweigh the assailants' right to Fourth Amendment protection. Courts in California, Illinois, and Washington have upheld mandatory testing in cases of criminal assault.
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