This section contains the nature of the case and procedural background.

In November 2009, D was convicted of lewd or lascivious conduct, in violation of 13 V.S.A. § 2601, as the result of his having had nonconsensual sexual intercourse with the victim in a public place on October 28, 2007. In March 2010, at the behest of the victim as authorized by § 3256, P moved for the trial court to order D to submit to testing for sexually transmitted diseases based on his conviction for a crime involving a sexual act that created a risk of exposing the victim to the etiologic agent for acquired immune deficiency syndrome (AIDS). The trial court issued an order concluding that it was compelled to grant P's motion under § 3256, even though it had been nearly three years since the assault occurred, and that the statute was constitutional. The court ordered D to submit to testing for AIDS and other sexually transmitted diseases, that the test results be disclosed only to D and the victim, and that the test results and the record of the court proceedings be sealed. The court also noted that either the victim or P on behalf of the victim could seek a civil contempt order if D refused to comply with the court-ordered testing. D appealed.

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