HAMPTON ROADS, Va. - For months, News 3 Investigates has continued to dig into a law that some rape survivors say revictimizes them over and over.
Previously in the state of Virginia, a rape suspect was required to take an HIV test with a court order but that stopped in 2021 after a change to the law. The suspect at the center of this cause is accused of assaulting three women.
Read: News 3 Investigation sparks Delegate to introduce legislation to better protect rape victims
News 3 interviewed the first survivor months ago who described being violently sexually assaulted after the suspect broke into her home while she was in the shower.
She said what was worse than the assault was the shock at learning the suspect wasn't required to take an HIV test but she was forced to take intense medication to prevent HIV that made her sick and was required to take tests every few weeks to see if she was exposed to HIV.
The News 3 investigation got the attention of Virginia Attorney General Jason Miyaresand State Delegate Emily Brewer who are both now working to change Virginia’s law.
On Friday, News 3 interviewed the second survivor and her account of what she says happened to her is horrific. For the first time, she is sharing her story of survival as she describes how she fought back against a sexual assault.
“When a predator does this, it pervades through so many angles of the person’s life,” said the second survivor.
After a long, 12-hour day at work, this woman, who we are not identifying for privacy reasons, says she was enjoying the night in her backyard over the Memorial Day weekend when she dosed off and woke up to a stranger sexually assaulting her. She said waking to his hands going down her pants. She said she was shocked and thought she was dreaming at first and began asking him who he was.
The two struggled.
“He looked right at me and said 'I’m going to hurt you, I’m going to hit you and something else',” said the second survivor.
She said she fought back, “I cocked my right arm back and him in the mouth and then again and kept hitting him.”
She was able to run into her house and get her gun after she saw him staring back at her through the window.
She said the entire ordeal happened quickly.
“I wanted him to be afraid, not even consider coming back because I was so mad because he had stopped at the fence,” she said, “He thought he had me trapped.”
She chased him down the street, screaming, and called the police.
“They are predators, you’re prey, they’re going chase you and they don’t expect you to fight,” said the second survivor.
She tells us she considered shooting him but didn’t.
Police said the man who attacked her went on to attempt to sexually assault another woman soon after. She said she struggled with guilt knowing that he is now accused of harming another woman.
Currently, he stands accused of attacking three women in total.
“I experienced a great deal of emotions, regret, anger, remorse for not taking it further knowing he went after somebody after me,” she said.
This victim wasn't required to take HIV prevention medication and does not have to be tested for HIV.
She feels for the other victim in this case who did.
She and others want the law changed to require a person arrested for rape to have to take an HIV test and other sexually transmitted infection tests.
Related: Rape victim outraged suspect isn't required to have an HIV test after change to law
