Free provision of PEP and medical advice for sexual offence victims: what should doctors do?

Abstract

The Criminal Law (Sexual Offences and Related Matters) Amendment Act1 (the Act) provides for the provision of post-exposure prophylaxis (PEP) and free medical advice at designated public health establishments for sexual offence victims who have been exposed to the risk of HIV infection. 'Sexual offence' in this context means 'a sexual offence in which the victim may have been exposed to the body fluids of the alleged offender'. For persons exposed to the risk of HIV infection as a result of a sexual offence to qualify for free medical advice and PEP, they must within 72 hours after the alleged offence: (i) lay a charge against the alleged perpetrator with the South African Police Service (SAPS); or (ii) report the alleged sexual offence in the prescribed manner to a designated health establishment. Victims need only report to one or the other, but if they wish to lay a criminal charge, this must be reported to the SAPS.