October #158 : Sex Crime - by Jennifer MortonRegan HofmannOriol R. Gutierrez Jr.

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Table of Contents

Sex Crime

The Tales of Hofmann

Fighting for Our Freedom

Satisfy Yourself

Open Wide

Heart Beats

Go With the Flow

Change of Life Doesn’t Change Treatment

Word Up: HIV Sanctuary

Eye of the Storm

Berry Brouhaha

Condom Lockup

Greater Expectations

Recommended Reading

Radio Static

The Tamiflu Blues

Your Feedback-October 2009

Editor's Letter-October 2009

Making It Work

Most Popular Lessons

The HIV Life Cycle


Herpes Simplex Virus

Syphilis & Neurosyphilis

Treatments for Opportunistic Infections (OIs)

What is AIDS & HIV?

Hepatitis & HIV

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October 2009

Sex Crime

by Jennifer MortonRegan HofmannOriol R. Gutierrez Jr.


The following are comments posted on POZ.com by readers in response to various news stories and opinion pieces on the subject of criminalizing people living with HIV.

It’s a shame that we have to live in a world where we’re afraid to start relationships for fear that we’ll end up in jail and be treated like murderers.
Living in Fear, NY

It should only be unlawful for someone with HIV to knowingly and intentionally fail to disclose to a partner before engaging in any sexual activity that carries a reasonable risk of transmission. If no infection is transmitted, it should not be criminalized.
David, Helsingborg, Sweden

I believe that people should never take the risk of unprotected sex with someone they do not know, and if they do, and get HIV, they only have themselves to blame and should not be able to prosecute anyone.
Michael Haslett, city withheld

Both parties are responsible for his or her own sexual safety. Why does the responsibility fall on the person who is positive? There is a moral responsibility for a positive person to not deliberately infect a negative person, but outside of rape, you cannot infect a person that doesn’t allow it.
Greg, Davenport, FL

Criminalizing people for just having HIV/AIDS is outrageous. But purposely infecting someone should be a crime. I hope they really clarify what constitutes a crime and what doesn’t as far as HIV and AIDS is concerned.
IamStone, Mulberry AR

I was assaulted by an aggressive driver, who during his assault poked his finger in my mouth. I bit him causing a laceration. I was charged with assault, and there were prosecutors who wanted me charged with Iowa’s AIDS battery law. There was no intent, and no real risk of transmission—yet HIV was still allowed as an issue at trial.
Donald Baxter, Iowa City

I’ve known [unsafe sex] to happen a few times when drugs/alcohol is involved. Even if someone insists they “don’t care,” I use a condom. It’s a pact I made with myself from the beginning.
Susan, Boston

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