If a woman has been raped she should ask for an HIV test. Even if the result is negative, she should go for another test after 3 months. If she tests positive, this may be proof that she became positive as a result of the rape. However, the rapist has to take an HIV test. The Sexual Offences and Related Matters Amendment Act allows a person accused of a sexual offence where there is a risk of HIV transmission to be tested without his permission, and his HIV status to be disclosed to the victim.

A rape survivor can also make a civil claim against her rapist. If she can prove that she became HIV positive as a result of the rape, she can make a claim against the rapist for her medical expenses and for pain and suffering because of the rape.

(See: Problem 6: Reporting rape or assault and going to court) (See: Sexual violence and HIV testing)