Pete Stark: “I rise today to oppose H.R. 3088, the Victims of Rape Health Protection Act. This bill places the wrong emphasis in…”

“I rise today to oppose H.R. 3088, the Victims of Rape Health Protection Act. This bill places the wrong emphasis in dealing with the very important crime of rape by violating law-biding citizen's constitutional privacy rights and due process rights. This bill inappropriately focuses on the defendant rather than helping the victim of rape. If the Congress really wants to aid the health of a rape victim, then this bill should include referrals or direct assistance for health services to rape victims. These health services should include making available the rapid testing for HIV and other sexually-transmitted diseases in order to allow the rape victim to take advantage of an aggressive treatment regimen that needs to begin within 48-72 hours after infection. This legislation illegally encourages the violation of the due process rights of people who may well be innocent law-biding citizens. The bill threatens states with the partial loss of their drug control grants if they do not test individuals accused of rape for HIV. These individuals have not been convicted of a crime therefore it is not right to subject them to a mandatory health test. This action is a violation of these individuals' due process rights that are afforded to them during a search and seizure. This bill violates the privacy of United States citizens. The law requires states to provide health information of individuals' accused-- not convicted--of rape to court officials and to the prosecutor.”