Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007)

Chapter 5 : Services for Victims of Sexual Offences and Compulsory HIV Testing of Alleged Sex Offenders

Part 4: Execution of orders for compulsory HIV testing and results of HIV tests

34. Use of results of HIV tests
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The results of an HIV test, performed in terms of an order contemplated in sections 31(3) and 32(3), may only be used in the following circumstances:

(a)to inform a victim or an interested person whether or not the alleged offender in the case in question is infected with HIV with the view to—
(i)reducing secondary trauma and empowering the victim to make informed medical, lifestyle and other personal decisions; or
(ii)using the test results as evidence in any ensuing civil proceedings as a result of the sexual offence in question; or
(b)to enable an investigating officer to gather information with the view to using it as evidence in criminal proceedings.

 

[Date of commencement of section 34: 21 March 2008]