COMPULSORY HIV TESTING OF SEX OFFENDERS: SALC FOURTH INTERIM REPORT ON ASPECTS OF THE LAW RELATING TO AIDS


The Following parts of That Report Are Specifically> Relevant To The Portfolio Committee's Discussion On 5 February 2003:


The Length Of The Window Period

Medical Information On The Length Of The Window Period (Par 3.4 On P 29-30).


The Desired Cut-off Period To Be Attached To The Application For Testing

* Par 12.52-12.56 (P 236-239).

The Use Of The Proposed Procedure For Other Purposes (eg By The Prosecution In A Criminal Trial)

Current Criminal Procedural Measures Available For HIV Testing Of Arrested Persons, The Constitutionality Thereof, And The Use Thereof To Supply Victims With Information On The Alleged Offender's HIV Status (Par 7.1 - 7.15 On P 109-118).

The Need To Extend The Commission's Mandate And Enact Legislation Providing For A General Procedure For Compulsory HIV Testing (Par 12.14-12.23 On P 212-219).

* Whether It Should Be Possible To Utilise The HIV Test Results Obtained For Additional Purposes (Par 12.78-12.84 On P 251-254).


Placement Of The Proposed Legislation

Placement In An Individual Act Or In Legislation Dealing With Sex Offences Or Victim Empowerment (Par 12.25-12.28 On P 220-222).


Whether The Alleged Offender Should Be Allowed To Be Present At And Give Evidence In An Application For Testing

* The Alleged Offender's Constitutional Rights (Par 8.26- 8.2g.1 On P 144-148)

* Par 12.66-12.72 On P 243-247.


Provision For Counselling To The Alleged Offender And The Victim

Pre And Post Test Counselling Of The Alleged Offender (Par 12.89-12.91 On P 255~57; Par

12.119-12.121 On P275276.).

* Counselling Of The Victim On Disclosure Of The Test Result (Par 12.99- 12.1Q1 On P 261-262).