Governor Glenn Youngkin has signed bills to change state law to better protect survivors of sexual assault thanks to our News 3 Investigation.
Our investigation started 9 months ago when a survivor had the courage to speak out.
After the brutal sexual assault, she told News 3 she was upset with a Virginia Law.
We are not identifying her to protect her privacy and identity.
She said, “I've already been victimized by the rape, and then I feel like I’m being further victimized.”
Thanks to her courage to speak out and the News 3 I-team asking questions we got the attention of lawmakers with the power to make change.
About 7 months ago Virginia Attorney General Jason Miyares saw our first investigation.
He said, “I commend you for your investigative work.”
A woman told Investigative Reporter Margaret Kavanagh that she was raped in her home while taking a shower after a man broke in on a Sunday morning in May.
She said the attack was absolutely horrific but the aftermath of a change to the state law even worse.
She said, “It makes you feel very helpless and hopeless.”
After the assault, she said she went to the hospital and got evaluated by doctors.
She was told to take medication to prevent her from getting HIV and other sexual transmitted infections.
Some of the medications made her very sick as she already had underlying medical issues.
She wanted the man suspected of sexually assaulting her to be tested for HIV to learn if she was possibly exposed. She said the information would have helped her make a decision about taking the medication that was making her ill. But a change to state law in 2021 prevented the suspect from being tested for HIV.
“This is an example of putting the rights of the defendant and the felon above the rights of the victim,” said Miyares.
According to those who led the change to the law, the purpose was to destigmatize those living with HIV but sexual assault survivors News 3 spoke with said the change harmed them and prevented them from getting vital information.
“It's kind of like the rape is one and done. But this is something that has been the most victimizing for me, not having the support and not to get the testing and you would just think that someone that's a victim of any crime that there would be support for victims and not for the perpetrators,” said the survivor.
Her story shocked and outraged people like Virginia Delegate Emily Brewer from District 64.
She filed House Bill 1416 to change the law in the House of Delegates.
“This is just all about standing up and supporting the victims of sexual assault,” said Brewer.
Virginia State Senator Siobhan Dunnavant, who is also a doctor, learned of our investigation and said as a physician she was horrified.
She said in the medical community, if staff are accidentally stuck with a needle or potentially exposed to something like HIV, there are protocols in place to protect that person.
She said the change to the law in 2021 did not protect victims of sexual assault.
She also filed Senate Bill 1436 which would change the law.
The new law will allow a Commonwealth's Attorney to request from a judge that a rape suspect get tested for certain sexually transmitted infections that won’t be used during their trial.
The new law covers several STIs, not just HIV and Hepatitis.
The purpose is to provide the survivor with information about whether they were potentially exposed to certain STIs as they heal from what happened.
“I'm just so sorry that this victim fell into the time in between where she had really had this bad outcome. I'm so happy you gave her a voice,” said Dunnavant.
The survivor used her voice to speak out along with us asking questions and exposing the truth got the attention of lawmakers with the power to make a change.
Miyares said he got involved after seeing our initial story. He said, “Reporters are kind of the gatekeepers of democracy.”
Governor Youngkin has signed House Bill 1416 and Senate Bill 1436.
