Discussion List for campus-based and allied personnel working to end gender-based violence on campus.

["Catherine A. Carroll" <>]

Often in criminal state statutes, there is a provision in many states Victim Bill of Rights, that allow for the prosecution to compel testing of STIs from the defendant at the victim’s request. Some state statutes allow this to happen prior to conviction, some allow only after conviction. It raises 4th amendment search and seizure issues. Mostly it can only be compelled through a criminal process unless you are in family court petitioning for paternity.  

Catherine A. Carroll, Director

Title IX Coordinator

Office of Sexual Misconduct & Relationship Violence

University of Maryland

1103 Reckord Armory, College Park, MD  20742-5031

E-mail:  │titlei

Office Phone: 301.405.1142 │ Cell Phone: 301.852.0946

http://www.umd.edu/Sexual_Misconduct

From: <Felty>, "Wade P." <>
Date: Thursday, July 17, 2014 at 2:44 PM
To: "" <>
Cc: "Bissler, Denise L" <>
Subject: Question about entry in Campus Sexual Assault Victim Bill of Rights (testing suspects?)

I was  perusing the Campus Sexual Assault Victim Bill of Rights as we mention it in our Sexual Conduct Policy and I came across this entry

“To be informed of any federal or state rights to test sexual assault suspects for communicable diseases.”

How does one go about operationalizing this? Has anyone any experience with this scenario? How do you compel someone to do this if they haven’t been adjudicated by the legal system? Am I reading too much into this.

I was kind of alarmed when I read it because I don’t remember seeing it before.

Wade Felty

Wade Felty

Office of Residence Life & Housing and Judicial Affairs

Randolph-Macon College

(804)-752-3234 (Office)

(804)-441-4187 (Mobile)