Rapists may face HIV tests soon
2003-02-26 20:40
Special Report
President Jacob Zuma has met with American businessman Bill Gates to discuss issues relating to the country's HIV/Aids pandemic.
Cape Town - A bill to give victims of sexual offences a swift and uncomplicated way of discovering the HIV status of their assailants was tabled in parliament on Wednesday.
The measure, introduced by Justice Minister Penuell Maduna, proposes that they be allowed to apply to a magistrate within 50 days of the offence for an order for HIV testing.
The magistrate will have to consider the application in chambers, and may call for additional evidence.
However, no evidence from the offender will be permitted, nor may the offender or any representative attend the hearing.
If the magistrate is satisfied that there is prima facie evidence of a sexual offence, and that the victim may have been exposed to the body fluids of the offender, he or she must order an HIV test.
The results of the test must be made available to the victim and the offender.
Anyone who makes a false application, or who discloses the results to anyone other than the victim and offender, may be jailed for up to six months.
The Bill emanates from a South African Law Commission report on the law relating to Aids, which noted the vulnerability of women and children to HIV infection as a result of rape and other sex offences.
The commission recommended legislative intervention for compulsory HIV testing.
- SAPA