Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007) Regulations Criminal Law (Sexual Offences and Related Matters) Regulations Annexures Annexure A : Forms: Services for victims of sexual offences and compulsory HIV testing of alleged sex offenders Part I of Regulations: Services for Victims of Sexual Offences and Compulsory HIV Testing of Alleged Offenders Form 1 : Notice of services available to victim

 

FORM 1

 

[Regulation 2(2)]

 

NOTICE OF SERVICES AVAILABLE TO VICTIM

 

Section 28(3) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007) (the Act)

 

(To be handed to a victim of an alleged sexual offence or an interested person by the police official to whom the charge is made or by the medical practitioner or nurse to whom the incident is reported)

 

This information sheet will provide you with information, and give you details on the services available to a victim of an alleged sexual offence regarding the receiving of Post Exposure Prophylaxis (PEP) for possible HIV infection (Part 1 of this sheet) and for the testing of the alleged sex offender for HIV (Part 2 of this sheet).

 

PLEASE NOTE THE FOLLOWING:

 

 

In terms of section 27 of the Act, an interested person is any person who has a material interest in the well-being of a victim, including

of such victim.

 

PART 1: ACCESS TO POST EXPOSURE PROPHYLAXIS

 

What is HIV infection?

 

HIV refers to infection with the human immuno-deficiency virus. HIV destroys important cells which control and support the immune system. As a result the body's natural defence mechanisms cannot offer any resistance against illnesses.  Most people infected with HIV ultimately develop AIDS and die as their bodies can no longer offer any resistance to illnesses such as TB, pneumonia and meningitis. Infection with HIV therefore has serious consequences for you as an individual. There is currently no cure for HIV/AIDS.

 

How is HIV transmitted?

 

HIV is transmitted in three ways: via sexual intercourse; when HIV infected blood is passed directly into the body; and from mother to child during pregnancy, childbirth or whilst breast feeding.

 

Can I be exposed to HIV during a sexual offence?

 

Yes you can if the alleged offender's blood, semen or vaginal fluid entered your body through a cut or abrasion on your skin, or for example, if you have been raped vaginally or anally and the alleged offender's semen entered your body and he or she is infected with HIV.

 

What is PEP?

 

PEP is an anti-viral therapy designed to reduce the possibility of an individual becoming infected with HIV after a known exposure to the virus. The treatment usually involves the administration of a group of drugs (or certain medicine on its own) which act against HIV.

 

It is therefore important that PEP be administered to you as soon as possible after the sexual offence has taken place, but at the latest within 72 hours after the alleged sexual offence has taken place. PEP does not work anymore if started more than 72 hours after exposure to the HIV virus. It will therefore only be given to you within this time frame. PEP is administered at a public health establishment which has been designated by the Minister of Health. It is also done at State expense. A list of the designated health establishments within reasonable distance from the police station where the complaint is laid or from the public health establishment where the incident is reported, is attached to this notice. You will be given free medical advice surrounding the administering of PEP, prior to the administering thereof. It is important to remember that PEP will not be given to you without your consent.

 

Can I put other people at risk of HIV infection because of my possible exposure to HIV?

 

You cannot transmit HIV through daily contact with other people. HIV is not transmitted through hugging, shaking hands, and sharing food, water or utensils. However, because HIV is, among others, transmitted through sexual intercourse, you may have become infected through the alleged sexual offence and may in turn infect your sexual partner with whom you have sex after the sexual offence has been committed against you. You should practice safe sex until you have established with certainty that you have not been infected. If you are pregnant, there is a possibility that you could transmit HIV to your unborn child. If you are breast feeding there is also a possibility that your child may be at risk of contracting H IV infection. You must obtain expert advice (which may include advice from one of the service providers mentioned on the last page of this sheet) to deal with the implications of the risk of infection for yourself, your sexual partner and others.

 

What about other sexually transmitted infections?

 

If there is a possibility that you may have been exposed to the blood, semen or vaginal fluids of the alleged offender, you may also be at risk of infection with other sexually transmitted infections. It is in your own interest to obtain medical advice and, where necessary, medical assistance regarding your possible exposure to other sexually transmitted infections.

 

PART 2: COMPULSORY HIV TESTING OF ALLEGED SEX OFFENDER

 

How could I deal with my possible exposure to HIV during the alleged sexual offence?

 

You can apply to a magistrate to have the alleged offender tested for HIV, and the results disclosed to you. Knowing the HIV status of the alleged sex offender may place you in a better position to—

 

However, you must obtain expert advice to deal with the implications of the risk of infection for yourself, your sexual partner and others. The test result from a compulsory HIV test may not be reliable because the alleged sexual offender may be in the window period while he or she is tested for HIV. This means that the test result may show that the alleged sexual offender is negative although he or she is, in fact, HIV positive. You must therefore talk to an expert before you make any medical or lifestyle decisions based on the test result. Furthermore, please take into account that an HIV positive test result does not mean that the virus was necessarily transmitted to you during the sexual offence.

 

It is in your own best interest to have yourself tested for HIV when you feel ready to do so. In the meanwhile, make sure that you practice safer sex.

 

How can I apply for HIV testing of the alleged sex offender?

 

 

Who will consider my application?

 

The investigating officer will submit your completed application to a magistrate who will consider the application during court hours in his or her office. The magistrate may, however, request further evidence, either orally or by affidavit and may also question the alleged offender. The Act requires that the investigating officer must inform you of the decision of the magistrate who considered your application.

 

What will happen if the magistrate has ordered that the alleged offender must be tested for HIV?

 

The investigating officer will ensure that two blood specimens are on the same occasion taken from the alleged offender and tested for HIV.

 

Who will pay for the HIV testing?

 

The State.

 

How will I be informed about the HIV test result?

 

The investigating officer will as soon as possible ensure that you receive a sealed envelope containing the HIV test result, as well as information on where you can get help in dealing with the test results and the implications thereof.

 

May I disclose the alleged offender's HIV test result to other people?

 

In terms of the Act the HIV test results may only be disclosed to the victim or the interested person who initiated the application for the compulsory HIV testing of the alleged offender, the alleged offender, the investigating officer, and where applicable a prosecutor or any other person who needs to know the test results for purposes of any civil proceedings or an order of a court.

 

Cut-off period for bringing an application

 

A limited period of time is allowed for HIV testing of an alleged sex offender. You must apply for such testing within 90 days after the alleged sexual offence has taken place (the 90 days is called a window period, namely, the period within which the test result from a compulsory HIV test may not be reliable because the alleged sexual offender may be in the window period while he or she is tested for HIV. This means that the test result may show that the alleged sexual offender is negative although he or she is, in fact, HIV positive). It is therefore advised that if you decide to apply for having the alleged sex offender tested for HIV, you do it as soon as possible after the alleged offence. However, it is in your own best interest to have yourself tested for HIV.

 

Service organisations which can provide counselling and support

 

Expert assistance in dealing with the implications of HIV test results is available at a number of different service providers. These include:

 

Contact details of the above service providers are available in the telephone directory and from the investigating officer.