The case for mandatory HIV testing of active duty sex offenders

As of May 1993, at least 23 states had passed laws permitting, or requiring, human immunodeficiency virus testing of sexual offenders. Several others have recently passed, or are considering, such legislation. At present, no such specific requirement exists under the Uniform Code of Military Justice. This paper presents an overview of the competing Fourth Amendment privacy rights of accused/convicted offenders, victims' rights, the usefulness and validity of such testing, and the public health mission of the military medical services. In addition, potential tort liability of the armed services is discussed. The author presents arguments supporting mandatory testing of accused offenders meeting minimal "probable cause" requirements, and sharing test results with the physician of complainants/ victims.