(a) For purposes of this chapter:
(1) “HIV” means Human Immunodeficiency Virus identified as the causative agent of Acquired Immunodeficiency Syndrome (“AIDS”), a condition in which the body's immune system fails and life threatening illnesses develop.
(2) “Sexual offense” means:
(A) unlawful sexual contact between:
(i) the penis and vulva, or the penis and the anus, and for purposes of this section contact involving the penis occurs upon penetration, however slight; or
(ii) the mouth and the penis, the mouth and the vulva, or the mouth and the anus; and
(B) the perpetration of any of the sexual offenses proscribed by Title 14, Virgin Islands Code.
(3) “Victim” includes the person upon whom a sexual offense has been perpetrated, the legal guardian or the parent of such person if the victim is a minor, or the legal guardian or the parent of such person if the victim is mentally retarded or mentally incapacitated.
(4) “Convicted” means a person who has entered a plea of guilty to a sexual offense, as well as a person found guilty following a jury trial or a bench trial. It also includes a person who is adjudicated under juvenile proceedings.
(5) “Chief Public Health Officer” means the Commissioner of the Virgin Islands Department of Health.
(6) “Public Health Official” means a designated representative by the Chief Public Health Officer.
(b) The primary purpose of the testing and disclosure provided for in this section is to benefit the victim of a sexual offense by informing the victim whether the individual convicted of a sexual offense is infected with the AIDS virus. However, in enacting this chapter, the Legislature intends to promote the public health objectives of stemming the spread of HIV infection and protecting the health of both the victim of a sexual offense and those convicted of committing such offenses. This section may not be construed to authorize disclosure of the results for the purpose of a charging decision by the prosecutor.
(c) Nothing in this chapter shall be construed as preventing the victim from requesting that an HIV test be required of a person charged with committing a sexual offense. Such test shall be ordered and the results disseminated in accordance with the provisions of Section 3911 if, in the opinion of a judge, there exists probable cause to conduct such testing.