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 United States Supreme 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 conducted for the purpose of informing the rape victim of her assailant's status and concludes that such testing is a violation of the fourth amendment because it does not achieve the government's asserted goals.
Bernadette P. Sadler,
When Rape Victims' Rights Meet Privacy Rights: Mandatory HIV Testing, Striking the Fourth Amendment Balance,
67 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol67/iss1/8