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July 22, 2011

Florida Appeals Court Overturns Conviction of HIV-Positive Woman

Because of a quirk in the law, a Florida appeals court has overturned the conviction of an HIV-positive woman for exposing her female partner to the virus, the Herald-Tribune reports. In 1997, Florida legislators made it a felony for people with HIV to have “sexual intercourse” without informing their partners of their HIV status. However, Florida statutes define sexual intercourse as vaginal sex between a man and a woman. As a result, the 2nd District Court of Appeal found the law “does not apply to her actions.” The ruling applies statewide, so no HIV-positive Floridians can be convicted under the current law if they have sex with someone of the same gender or engage in sex acts other than vaginal sex between a man and a woman.

To read the Herald-Tribune article, click here.

Search: criminalization, law, appeal, court, Florida, Florida Court of Appeals

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