Legislation passed to prevent HIV and Hep C for rape victims

The Maryland legislature passed House Bill 1375 to update a previous law helping treat rape victims, among others, who may have contracted HIV or Hepatitis C.

By law, those accused of rape, or a crime or act that may result in a transmission of HIV or Hep C, will now have to submit to testing within 72 hours.  The law previously stated they would have to submit testing within 30 days.

"You can find out almost immediately if that person is HIV positive or has Hep C, and that makes a big difference because we have to get you into treatment right away," said Michelle Hughes with Salisbury Life Crisis Center.

Hughes says opposition over passing the legislation came from potential prejudice a test could cause in a jury or during a case, but noted testing cannot be used in a criminal case.

Legislative experts say the word victim was expanded in the law to include health officials performing sexual assault evidence examination.

The new language in the law also allows judges to issue an emergency order to obtain a sample, which is different from a search warrant.