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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  comments 30 - 44 (of 44 total)     << < previous

Lou, CA, 2009-10-04 16:40:06
Why must we lay blame? If you're negative, take steps to stay that way. Ask your partner's status. If you engage in behavior that puts you at risk, then the possibility of transmission is something for you to own. Your partner's lack of disclosure is a sad excuse for your failure to take care of yourself. Always assume your partner is positive and behave is manner that suits your definition of "safer" sex.

loretta, Chicago, 2009-10-01 18:04:09
What about those who use your status against you. I was dating someone and told them I was positive, he then made advances towards my daughter, wanting to have sex with her for his own sick reasons, he then threatened me by saying that if I told the police that he wanted to have sex with my minor daughter, he would go to the cops and have me arrested for endangering his life by not revealing my status (even though he was told more than once). What kind of justice do we get in these situations?

truth, , 2009-09-30 18:42:41
this is to musiklovrntn,you said something about cigarette smoking and cancer,BUT YOU MISSED SOMETHING TOBACCO CO. PUT WARNING LABELS,so if someone is poz and dont give the other person their choice then its wrong,using condoms are not 100% they can break,,,just logics.....

miguel, Kissimmee, 2009-09-29 19:04:41
I also heard of this woman that went to Puerto Rico and was sleeping around with every guy she could and she even got to the point where after having Sex while the guy was sleeping she would use her lipstick and on the Mirror she would put Welcome to the world of Aids I do not know if she ever got busted for it or if she just left town but in that small town there were a lot of young guys that had slept with her those are the people that hurt Us that are infected and want a decent love life

shelliemac, South Carolina, 2009-09-29 13:07:12
And what do we do with the folks who intend to infect as many innocent people as they can? In my state, there was a young man who was very bitter about becoming infected, and he admitted he wanted to infect as many women as he could. He would sleep with them and then leave them notes saying they were dead. Unfortunately he was never convicted because none of the women involved wanted their identities to be revealed. This guy died last year, so the women here are safe (safer, anyway).

Muziklvrntn, , 2009-09-28 15:17:48
I feel that with the AIDS epidemic still around that everyone should act as if anyone they sleep with is positive. It is not only the positive persons responsibility to be safe, it's also the negative person, if they have unsafe sex with someone, they only have themselves to blame and they should NOT be allowed to prosecute anyone or play the blame game for their own stupidity!! That's like suing cigarette companies for cancer, everyone knows the risk of smoking and cancer and still do it!

Damien Robinson, Los Angeles, 2009-09-28 14:46:20
In the 1993 film, Philadelphia, Tom Hank's character proclaimed, "the worst part about HIV is not the physical death, but rather the social death that preceeds it." Unfortunately little has changed since 1993 and the social stigma backed by widespread fear still prevails worldwide. Criminalization of HIV only fuels the stigma by sending a message that HIV is something to be feared. It blows me away that many of my HIV infected friends feel unable to disclose this fact to family and friends.

Susan Brown, TX, 2009-09-28 00:20:09
I'm one of 6 women who participated in the case against Philippe Padieu, who rec'd a 45 year conviction in TX for Assault with a Deadly Weapon (his bodily fluids). I do not advocate for criminalization of HIV, but in this situation he outright lied about his status. Philippe was served 2 court orders to cease & desist putting people in danger & ignored the warnings & our pleas. I think such extreme cases must be pursued. I have no doubt he intended to kill us. He almost succeeded.

Tom, Washington, DC, 2009-09-26 07:10:21
Yes, you should disclose your status. However, everyone should ASSUME that their sex partner may be HIV+. I have seen plenty of men engaging in unsafe activity, who know the potential risks of this activity - but then they want to cry "foul" if they catch something? Responsibility goes both ways.

Jeffery, Ocala, 2009-09-26 03:07:26
These Laws and criminalization are so unfair, why is it not illegal or criminal if you had hep A,B, C or any other STD , what about cold or the flu , H1N1,,, I mean lets get Real, WE need people to be more informed, Lobby to get these kind of Laws off the books. Educate our children , younger generation. Prosecuting someone for HIV, is like a witch hunt in Salem. If people think they can go to jail,, the wont be tested, if they dont know , they cant be prosecuted!

miguel, Kissimmee, 2009-09-24 14:10:38
I have learned that if there's a chance of getting involved with a Non-Positive woman I will inform her of my status and I will ask her to write me an e-mail stating that I informed her of my status and that she is getting involved with me of her own free will i do this because if the realationship does not work out she can not say that I did not tell her plus i know its against the law it's not easy living with Hiv/Aids but there is hope also print out a copy of the e-mail for safe keeping.

miguel, Kissimmee, 2009-09-24 14:08:55
I have learned that if there's a chance of getting involved with a Non-Positive woman I will inform her of my status and I will ask her to write me an e-mail stating that I informed her of my status and that she is getting involved with me of her own free will i do this because if the realationship does not work out she can not say that I did not tell her plus i know its against the law it's not easy living with Hiv/Aids but there is hope also print out a copy of the e-mail for safe keeping.

Winona, , 2009-09-24 07:35:32
Disclosure is a personal thing. People don't disclose when they have schizophrenia although it can have pretty unpleasant outcome- they may get crazy and kill you or your family. Fortunately, I don't live in the US.

MN, , 2009-09-23 08:37:41
If someone knows their status they have a moral duty to disclose and if they don't they should absolutely be charged with a crime. No one has the right to knowingly expose someone to this virus without consent of the other person. The argument that people will not be tested due to laws that force disclosure to sexual partners does not hold water for me. People will continue to be tested and treated due to their intrinsic and altruistic desire to save their lives despite disclosure laws

harvett, N/A, 2009-09-22 09:08:16
I feel that if someone does know their status and doesn't shre then yes, he/she should be prosecuted to the fullest, but doesn't goes the same for Hep A, B, C and even parasites? I think that they need to stop playing games and cure these horrific diseases.

comments 30 - 44 (of 44 total)     << < previous

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