State v. Bemer

Citations

• 339 Conn. 528

Syllabus

Pursuant to statute (§ 54-102a (a)), a court presiding over a pending case involving a violation of certain sex offenses, including patronizing a prostitute who was the victim of human trafficking, may order that the accused be examined for any sexually transmitted disease (STD). Pursuant further to statute (§ 54-102a (b)), a court presiding over a pending case involving a violation of certain sex offenses during which a sexual act occurred, including patronizing a prostitute who was the victim of human trafficking, may order that the accused be tested for the presence of the human immunodeficiency virus (HIV), ''[n]otwithstanding the provisions of'' the statute (§ 19a-582) requiring a person's ''general con- sent'' for that person's HIV-related testing. The listing of justices reflects their seniority status on this court as of the date of oral argument. 339 Conn. 528 NOVEMBER, 2021 529 State v. Bemer The defendant, who had been charged with the crimes of patronizing a prostitute who was the victim of human trafficking and conspiracy to commit trafficking in persons, appealed from the trial court's order, in response to motions filed by the state and certain of the defendant's alleged victims, requiring that he submit to an examination for STDs pursuant to § 54-102a (a) and HIV testing pursuant to § 54-102a (b). The charges stemmed from the defendant's involvement with a person who had arranged for young males to engage in sexual activities with the defendant in exchange for money. On appeal, the defendant claimed, inter alia, that the trial court had abused its discretion in ordering HIV testing on the ground that the trial court was required to find, before issuing such an order, that there was a clear and imminent danger to the public health or the health of a person and that there was a compelling need for the HIV test result that could not be accommodated by other means, and the state presented no evidence in furtherance of satisfying that standard. The defend