Cases | State Ex Rel. J.G., 701 A.2d 1260 (N.J. 1997) | 2018
The defendants were charged with juvenile delinquency for acts constituting the equivalent of aggravated sexual assault. Following the filing of the charges, the State ordered the juveniles to submit to AIDS and HIV testing. The defendants opposed the testing as an unconstitutional search. The trial court found that statutes N.J.S.A. 2C: 43-2.2 and N.J.S.A. 2A: 4A-43.1, authorizing the involuntary taking of blood from a person charged with or convicted of aggravated sexual assault, violate the juveniles’ constitutional rights. The appellate court reversed and remanded the case, ordering the juveniles to submit to the testing. The New Jersey Supreme Court, agreeing with the appellate court, determined that N.J.S.A. 2C: 43-2.2 and N.J.S.A. 2A: 4A-43.1 do not impinge on an offender’s federal or state constitutional rights as long as a court orders testing only after finding the probable cause to believe the accused or convicted sex offender has exposed the victim to a risk of HIV transmission. The court further reasoned that an assailant’s privacy interests are outweighed by the benefits to a victim who requests HIV testing.