Testing of Specific Population Groups:
Testing of Sex Offenders

Q. Does a rape victim have the right to demand an HIV test of the rapist and to be informed of the results?

A. At least 44 states and the District of Columbia mandate or authorize HIV testing for convicted sex offenders. (11) The Martin Amendment to the Comprehensive Crime Control Act of 1990 specifies that states provide HIV testing of convicted sex offenders at the victim's request and provide HIV counseling for the victim. The victim has the right to receive at least one HIV test at the expense of the state. It requires that test results be disclosed to the victim and to the convicted defendant. States that do not comply will lose 10% of funding allocated under the Department of Justice Assistance Grant Programs. (20)

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