October 17, 2011

Man Found Guilty of Transmitting HIV Despite Informing Partner

A jury believed that Daniel James Rick, a 30-year-old Minneapolis man, informed his partner that he was HIV positive before the two had sex, but nonetheless they found him guilty of transmitting HIV, convicting him of attempted first-degree assault, the Minneapolis Star Tribune reports. They based their decision on a statute that criminalizes the "transfer of blood, sperm, organs or tissue, except as deemed necessary for medical research or if disclosed on donor screening forms." Because Rick didn't use a condom, the jury said, it didn't matter whether he disclosed his status beforehand. Rick's attorney, Landon Ascheman, argued that the clause on which Rick was found guilty is meant to apply to medical procedures rather than sexual transmission, and says he intends to appeal.

To read the Star Tribune article, click here.

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Previous Comments:

Craig, Chauvin, 2011-10-18 12:01:02
After reading the full article I can see why they want to put him in jail, unfortunately there a few out there that think just because they have it, they will pass it on to as many as he can. After being POZ myself for at least 25-30 years, I can say I've been very careful when it came down to things like that.

Scott, Florida, 2011-10-18 10:17:05
To defend in condom - www.fda.gov/ohrms/dockets/98fr/e8-26825.htm FDA rule effective January 9, 2009. Do not use if you or your sex partner has HIV/AIDS.Not for rectal (anal) use.(Comment 5) One comment suggested that FDA's analysis overlooked infectivity. This comment recommended changes to the FDA conclusion about condom effectiveness to reflect this.(Response) FDA does not believe that discussion of infectivity would benefit consumers in making safe and effective use of latex condoms.

Jason, , 2011-10-17 22:29:26
This is becoming absolutely ridiculous. There was no criminal intent. My God, are we going to throw someone in jail who accidentially cuts themselves in public and who, therefore, (theoretically) puts the general population at risk for hiv?

John, Washington D.C., 2011-10-17 17:23:20
He was also a child molester and not a very reliable source of information. I don't know that I believe that he really informed his partner.