The commission of rape by an AIDS sufferer is considered a severe bodily injury. In fact, sexual acts without consent increase the risk of STD/HIV infection and the rates of infection are associated with injuries on sexual organs due to the act and to non-condom use. Research has shown that the use of alcohol and other drugs before or during sexual act increases the risk of unprotected sex, multiple partners, unwanted sex, group sex practices, anal sex practice, oral and/or vaginal non-protected sex with fixed partners and not allowed sex practice. Therefore, the relationship between sexual offending and alcohol / drug consumption should better be focused upon.
Statistics are not yet available on the rates of HIV transmission during rape and other sexual offences, in part because the prevalence of HIV amongst sexual offenders is unknown. Despite this, given that the prevalence of HIV/AIDS in the prison population is about five times that in the general population, treatment efforts with all prisoners, and perhaps most particularly with sex offenders, needs to ensure that risk reduction to the public includes addressing HIV infection reduction. Also, victims must be promptly evaluated and, in some cases, start chemoprophylaxis treatment.