Citation

AIDS Policy Law 1996; 11(10): 6.

Copyright

(Copyright © 1996, Buraff Publications)

DOI

unavailable

PMID

11363502

Abstract

The Washington State Court of Appeals reversed a lower court's order for a convicted child molester, James G. Foster, to undergo HIV-antibody testing. According to the appeals court, Foster could not be forced to submit to an HIV-antibody test because the state's mandatory testing law had not taken effect at the time the offenses in question occurred. Foster was charged with sexually abusing his adopted daughter between May 1982 and September 1986. Five counts of incest were dismissed because the statute of limitations had lapsed. A jury found Foster guilty on 5 counts and sentenced him to 20 years in prison. Because the state law mandating testing of people convicted of sexual offenses did not apply to offenses committed prior to March 1988, the appeals court agreed with Foster that he could not be forced to undergo HIV-antibody testing.

Language: en