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Across The Nation

New York Gov. Spitzer Signs Measure Allowing Rape Survivors To Request HIV Tests for Indicted Suspects

[Aug 24, 2007]

New York Gov. Eliot Spitzer (D) on Thursday signed into law a measure allowing rape survivors to request that indicted suspects undergo an HIV test, the Rochester Democrat and Chronicle reports (Wiessner, Rochester Democrat and Chronicle, 8/24). The measure requires that indicted suspects be tested under a court order and that the results be provided to the survivor and the suspect (AP/Long Island Newsday, 8/23). The New York Legislature in June approved the measure. The state's current law requires HIV tests after conviction of rape.

Supporters of the measure, which was submitted by the state Division of Criminal Justice Services, said that the measure would help rape survivors have access to all information about the virus before they decide whether to take antiretroviral drugs for post-exposure prophylaxis. However, some opponents said the bill might give rape survivors a false sense of security if suspects test negative, adding that survivors might stop taking antiretrovirals prematurely (Kaiser Daily HIV/AIDS Report, 6/25).

Spitzer in a statement said that sexual assault survivors "have a right to information that impacts their health, ability to receive timely treatment and peace of mind." Assembly member Daniel O'Donnell (D) said that if the person indicted did not commit the rape, then survivors and officials would be "making decisions" based on false information (Rochester Democrat and Chronicle, 8/24). According to the National Conference of State Legislatures, most states either permit or require HIV testing among rape suspects after conviction, the AP/Newsday reports (AP/Long Island Newsday, 8/23).

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Global Challenges

Girls, Women Trafficked in Asia for Commercial Sex Work Emerging as HIV/AIDS Risk Factor, Report Says

[Aug 24, 2007]

Young women and girls in Asia who are trafficked for commercial sex work are emerging as an HIV/AIDS risk factor, according to a report released by the United Nations Wednesday at the 8th International Congress on AIDS in Asia and the Pacific, the AP/PR-Inside.com reports (Nessman, AP/PR-Inside.com, 8/22). The conference brings together more than 2,500 delegates from Asian countries to discuss fighting the spread of HIV/AIDS, as well as providing treatment and support to people living with the disease. An estimated 8.6 million people living in the Asia-Pacific region are HIV-positive (Kaiser Daily HIV/AIDS Report, 8/23).

The report, titled "Human Trafficking and HIV," focused on the estimated 150,000 to 200,000 people from South Asia trafficked and forced into labor annually, usually as sex workers. According to the AP/PR-Inside.com, the number represents only 50% of the people who are trafficked in all of Asia. The report examined the intersection between HIV and trafficking in Afghanistan, Bangladesh, India, Nepal, Pakistan and Sri Lanka, the AP/PR-Insider.com reports.

Although there are few reliable statistics about HIV among trafficked people, one study estimated that 25% of trafficked women in Mumbai, India, are HIV-positive, Caitlin Wiesen-Antin, United Nations Development Programme regional HIV/AIDS coordinator in Asia and the Pacific, said. She added that another study found 60% to 70% of 218 trafficked sex workers from Nepal who were later rescued in Mumbai were HIV-positive. According to Wiesen-Antin, the increase in the number of infrastructure projects across the region, as well as the sex work that accompanies project workers, has the potential to further spread HIV across the Asia-Pacific.

The report recommended that governments work to merge their anti-trafficking and HIV prevention efforts. It also called for a renewed focus on issues that make women more vulnerable to both trafficking and HIV transmission, including gender inequality, violence, poverty and a lack of education (AP/PR-Inside.com, 8/22).

"Both human trafficking and HIV greatly threaten human development and security," Wiesen-Antin said, adding, "Neither HIV/AIDS nor human trafficking have been integrated or mainstreamed adequately, either at policy or programmatic levels" (Sirilal, Reuters, 8/22). Wiesen-Antin said that it is "absolutely critical that we take action now" (AP/PR-Inside.com, 8/22).

Conflict, Stigma Hindering Fight Against HIV/AIDS in Region, UNAIDS Official Says

Increasing conflict, stigmatization of HIV-positive people and conservative social attitudes are hindering efforts to fight the virus in the region, Prasada Rao, UNAIDS Asia-Pacific regional director, said at the conference. "The harsh reality is that the grim march of the epidemic in our region continues unabated," Rao said.

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