HAMPTON ROADS, Va. - There are new efforts to change a Virginia law that some rape survivors said revictimizes them after being violently assaulted. News 3's Investigates has been following and exposing this issue for months and our original story got the attention of Virginia Attorney General Jason Miyares and other lawmakers.
Now, News 3 has learned State Delegate Emily Brewer is taking action to try and change the law we’ve been telling you about. Previously, if you were raped in the state of Virginia the suspect was required to take an HIV test with a court order. That law changed in 2021 and now there is nothing requiring a suspect to get tested for any sexually transmitted infection.
Delegate Brewer has now filed House Bill 1416 which changes the law back to what it was.
A rape survivor told News 3 she was outraged to learn that the man in jail accused of breaking into her home and violently raping her in the shower was not required to get an HIV test. But, she was required to take medicine to prevent HIV and continually take tests to see if she had been exposed every few weeks after the violent assault.
“It is very frustrating that the perpetrator doesn't have any responsibility in this whatsoever. It's actually, it’s just unconscionable,” said the first survivor.
A man was accused of sexually assaulting three women. News 3 Investigates interviewed two of them. Both said they’re stunned by the current Virginia law that they feel protects suspects and victimizes the survivors over and over.
“It’s just mind-blowing that there was no requirement at all and so much was at stake and now it is so easy to get an HIV test,” said the first survivor.
Delegate Emily Brewer from District 64 saw our investigation and she took legal action and introduced House Bill 1416.
“My goal is to put the code of Virginia back to where it was 2 years ago to make sure that criminals are tested,” said Delegate Brewer.
She would like to see suspects tested for sexually transmitted infections like HIV.
The bill states the evidence won't be used against the suspect in court. The purpose would be to give the victim a piece of mind who is left forced to take intense medicine and worried if they've been exposed for months.
We spoke to Kevin Keller, an attorney for the first survivor.
“They've done a lot of damage to some people, including my client, and that damage doesn't go away. But I do think that putting the bill back, essentially un-repealing it, and fixing on the language in it to make it a little broader is a good thing. I hope everybody is on board with that,” said Keller.
Those who led the change to the law in 2021: SB 1138 Sexually transmitted infections; infected sexual battery, the penalty was sponsored by Mamie E. Locke (D) (chief patron), Jennifer L. McClellan (D) (chief patron), Scott A. Surovell (D), and Delegate Betsy B. Carr (D).
Several months ago Senator Jennifer McClellan provided the following statement:
"Virginia law empowers survivors of sexual assault to receive free, comprehensive STD testing as part of the Physical Evidence Recovery Kit. As part of this process, survivors can also receive post-exposure medicine to reduce the risk of pregnancy, HIV, and other potential STDs within 72 hours. The 2021 bill modernized outdated language that specifically focused on testing suspects for HIV and Hepatitis after their arrest, as opposed to a more comprehensive approach focused on the survivor's health in the immediate aftermath of the assault."
On September 7, Delegate Carr issued the following statement:
SB1138 was enacted to remove the stigmatization of HIV. The stigma of an HIV diagnosis too often falls on marginalized persons such as people of color and LGBTQ Virginians, subjecting them to increased discrimination. Victims of sexual assault are given a PERK (Physical Evidence Recovery Kit) which makes available a suite of tests, treatments, and medications, including HIV preventive medication, ensuring that a perpetrator with HIV cannot pass it on to his or her victim. I have very recently been made aware that some individuals may have an adverse reaction to this preventive medication. I understand that an adverse reaction can feel like an undue burden for victims. Even without this undue burden, survivors face a lot of challenges and trauma to process. PERK provides comprehensive treatment and in a timely manner. I am committed to the ongoing process of making sure Virginia’s code protects and empowers survivors of sexual assault to the fullest possible extent, while not stigmatizing HIV.
But many don’t agree with the reasoning behind the change to the law in 2021.
“I think it just wasn't very well thought out and this is why I think it's absolutely incumbent upon me and others to support making sure we support victims,” said Delegate Brewer.
The second survivor in this case praised the first survivor for speaking publicly to News 3 about her experience which sparked lawmakers to get involved and take action to make a change.
The second survivor said, “She didn’t just do it for herself, she’s doing it for every single person who follows her and find themselves in the situation. That’s widespread change. That’s huge.”
In order for the law to change, the new bill recently introduced needs to pass the House and pass the Senate then get the governor’s signature.
Related: Sexual assault survivor shares story of fighting back attack and chasing suspect with a gun
