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4 years ago  ::  Sep 08, 2010 - 4:38PM #1
Guessses
Posts: 2,233

Sex while HIV Positive: The New Criminals


As you and I relax here surfing the internet, an HIV positive man is sitting in a Texas prison, serving a 35 year sentence for spitting on someone. In Michigan, an HIV positive man was charged for not disclosing his status under a bio-terrorism statute. And just weeks ago, Nadja Benaissa, an HIV positive German pop star, barely escaped prison when a judge gave her a suspended sentence for not disclosing to her sexual partners.


This is an emotional issue that carries some baggage. Many of us have a friend who was infected by someone who lied about their status or didn’t disclose, and these infuriating instances make me want to see those people “pay” for what they did. But the more I have learned about the criminalization of HIV status non-disclosure, the more I am convinced these laws are applied badly and actually do more harm than good. If I don’t get tested, I can’t be prosecuted for not disclosing my status, right?


marksking.com/my-fabulous-disease/sex-wh...



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Bio-terrorism? While I believe disclosure is important, where is the "burden of proof" that someone knew they were positive? AND, furthermore, you can't transfer HIV by spit.

Infinite Blessings
Mike/NAFOD
"Lord, please, protect me from Your followers!"
"WWBD? Buddha- Does it matter? If you are enlightened it does not. If you are not enlightened it still doesn't matter."
"If you go looking to place blame, eventually you'll wind up blaming the Gods"
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4 years ago  ::  Sep 08, 2010 - 5:13PM #2
appy20
Posts: 10,165

Years ago, the urban library I worked in had an HIV guy spit and try to bite a policeman who tried to get him to leave the bathroom.   He spent the day in the bathroom so we had to call them to remove him so we could close.  He tried to bite and he did spit on the policeman.


I really think the maximum penalty should be applied in these cases.  Not just for HIV but even diseases like Herpes.  


I am so glad that dating and sex is all behind me.   It is a zoo out there.

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4 years ago  ::  Sep 08, 2010 - 5:29PM #3
teilhard
Posts: 48,227

Yes ...


Deliberately/negligently passing a possibly FATAL Disease to another Person OUGHT to be VIGOROUSLY prosecuted ...

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4 years ago  ::  Sep 08, 2010 - 6:31PM #4
Guessses
Posts: 2,233

Sep 8, 2010 -- 5:13PM, appy20 wrote:


Years ago, the urban library I worked in had an HIV guy spit and try to bite a policeman who tried to get him to leave the bathroom.   He spent the day in the bathroom so we had to call them to remove him so we could close.  He tried to bite and he did spit on the policeman.


I really think the maximum penalty should be applied in these cases.  Not just for HIV but even diseases like Herpes.  


I am so glad that dating and sex is all behind me.   It is a zoo out there.




transmission can occur from biting "IF" the infected has bleeding in the mouth.


As for me, sex and life is behind me. no issues, but it is still Outrageous.

Infinite Blessings
Mike/NAFOD
"Lord, please, protect me from Your followers!"
"WWBD? Buddha- Does it matter? If you are enlightened it does not. If you are not enlightened it still doesn't matter."
"If you go looking to place blame, eventually you'll wind up blaming the Gods"
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4 years ago  ::  Sep 08, 2010 - 8:13PM #5
REteach
Posts: 13,547

I am old enough to remember when herpes was considered a life sentence. 

I know you believe you understand what you think I said, but I am not sure you realize what you heard was not what I meant...
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4 years ago  ::  Sep 08, 2010 - 10:03PM #6
Weepingangelofthetrees
Posts: 2,053

I agree this can go both ways. Prosecution for deliberately trying to infect anyone with an STD or other communicable disease, should receive max penalty.


However, as observed in the OP, if someone doesn't get tested they can't be busted for non-disclosure. Even when it's obviously a case of ignorance is not bliss! When knowing one has HIV , for instance, they can protect their loved one(s) and seek treatment.


There was a hooker some years ago in this area, that was the local police most wanted. She was deliberately spreading AIDS to John's, as revenge for whomever gave her the disease. They finally did catch her in a sting, and she was sentenced to a med ward at the local State prison, to serve there until she died. I've not heard if she has, but it was near 5 years ago now so I imagine it's possible.


Horrific way to die. Maximum penalty for deliberate infection, is the least the justice system can do.


"Remember, Jesus would rather constantly shame gays than let orphans have a family."
Stephen Colbert
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4 years ago  ::  Sep 08, 2010 - 11:21PM #7
Erey
Posts: 17,320

I used to be aquainted with a man who was your garden variety sociopath.  He also had AIDS - the disease not just positive for HIV. 


He liked anal sex, with women and it was too much trouble for him to use protection or even inform the woman of the situation.  Anal sex as many of you might know has a much higher HIV transmission rate than some other forms of sex. 


He did this with a woman who liked him and when she found out about his not telling her about having AIDS she was able to prosecute him.  He would have gone to jail for this.  However he was able to sweet talk her into dropping the charges. 


Fortunately he is dead and is no longer a danger to society. 


is it dangerous to prosecute people for this?  I guess it might be.  But the kind of people who are going to deliberately hide this stuff and put other people deliberately at risk are not going to really think ahead that far.  If they are feeling bad they are going to go to the doctor like anyone else for relief and there they might be tested.


Also these kinds of people are going to have a higher than average convict rate and therefore will be subject to these kinds of tests.


The kind of people who will put others at risk are pretty impulsive people anyway.  They will only use protection if it is as easy as not using protection.  They really don't care.

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4 years ago  ::  Sep 09, 2010 - 8:06AM #8
Guessses
Posts: 2,233

Don't get me wrong,  IF a person knowingly risks peoples' lives (Sex without disclosure), then yes, by all means prosecute. The only issue I see then is, disclosure is typically verbal and by it's nature is hard to prove. 


Spitting would not count.


In my case, and it's unique for the Military was constantly testing for it, I did not know I was infected for nearly a year after contracting the virus. Damn good thing it was a "slow year". As soon as I knew, I let my ex-fiance know she should check anyway even though we had not been together. 

Infinite Blessings
Mike/NAFOD
"Lord, please, protect me from Your followers!"
"WWBD? Buddha- Does it matter? If you are enlightened it does not. If you are not enlightened it still doesn't matter."
"If you go looking to place blame, eventually you'll wind up blaming the Gods"
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4 years ago  ::  Sep 09, 2010 - 1:31PM #9
appy20
Posts: 10,165

Sep 8, 2010 -- 8:13PM, REteach wrote:


I am old enough to remember when herpes was considered a life sentence. 





It still is.

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4 years ago  ::  Sep 09, 2010 - 1:34PM #10
appy20
Posts: 10,165

Sep 9, 2010 -- 8:06AM, Guessses wrote:


Don't get me wrong,  IF a person knowingly risks peoples' lives (Sex without disclosure), then yes, by all means prosecute. The only issue I see then is, disclosure is typically verbal and by it's nature is hard to prove. 


Spitting would not count.


In my case, and it's unique for the Military was constantly testing for it, I did not know I was infected for nearly a year after contracting the virus. Damn good thing it was a "slow year". As soon as I knew, I let my ex-fiance know she should check anyway even though we had not been together. 





I won't limit just to just knowingly because the problem is that people at the highest risk tend to not ask many questions of themselves. If you are very promiscuous and do not use protection, you are putting people at risk whether you know you have a disease or not.

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