| (1) | If a victim has been exposed to the risk of being infected with HIV as the result of a sexual offence having been committed against him or her, he or she may— |
| (a) | subject to subsection (2)— |
| (i) | receive PEP for HIV infection, at a public health establishment designated from time to time by the cabinet member responsible for health by notice in the Gazette for that purpose under section 29, at State expense and in accordance with the State's prevailing treatment norms and protocols; |
| (ii) | be given free medical advice surrounding the administering of PEP prior to the administering thereof; and |
| (iii) | be supplied with a prescribed list, containing the names, addresses and contact particulars of accessible public health establishments contemplated in section 29(1)(a); and |
| (b) | subject to section 30, apply to a magistrate for an order that the alleged offender be tested for HIV, at State expense. |
| (a) | lays a charge with the South African Police Service in respect of an alleged sexual offence; or |
| (b) | reports an incident in respect of an alleged sexual offence in the prescribed manner at a designated health establishment contemplated in subsection (1)(a)(i), |
within 72 hours after the alleged sexual offence took place, may receive the services contemplated in subsection (1)(a).
| (3) | A victim contemplated in subsection (1) or an interested person must— |
| (a) | when or immediately after laying a charge with the South African Police Service or making a report in respect of the alleged sexual offence, in the prescribed manner, be informed by the police official to whom the charge is made or by a medical practitioner or a nurse to whom the incident is reported, as the case may be, of the— |
| (i) | importance of obtaining PEP for HIV infection within 72 hours after the alleged sexual offence took place; |
| (ii) | need to obtain medical advice and assistance regarding the possibility of other sexually transmitted infections; and |
| (iii) | services referred to in subsection (1); and |
| (b) | in the case of an application contemplated in section 30, be handed a notice containing the prescribed information regarding the compulsory HIV testing of the alleged offender and have the contents thereof explained to him or her. |
[Date of commencement of section 28: 21 March 2008.]
