May 19, 2008

Lambda Legal Responds to HIV Spitting Conviction

Last week, an HIV-positive man was sentenced to 35 years in prison after spitting in the eye and open mouth of a Dallas police officer, with a jury concluding that the man’s spit be classified as a deadly weapon due to his HIV status, even though no case of HIV transmission through spitting has ever been recorded.

Lambda Legal—a group advocating for the rights of lesbians, gay men and people living with HIV—criticizes the verdict as misinformed, saying it has the potential to spread false information on how the virus is transmitted, the Houston Chronicle reports (chron.com, 5/17).

“It’s been 25 years since the virus was identified, but there are still lots of fears,” said Bebe Anderson, the HIV Projects director at Lambda Legal. “We are still facing people losing their jobs and fighting for their children because of fears that are unfounded.”

According to the article, the Dallas County Health Department issued a statement on May 16—two days after the man was sentenced—saying that HIV is typically spread through unprotected sexual contact, sharing needles or through blood transfusion. In the document, officials write that they consider “the risk of HIV transmission through saliva and tears to be extremely low.”

Search: Lambda Legal, spitting, HIV transmission

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Previous Comments:

Vic, San Jose CA, 2008-06-18 20:04:35
Wonder why they weren't kind enough to give him a death sentence? I am sure he'll die a horrible death in prison with as poor as HIV care is in most prisons. Well and long before he's seen seventeen and a half years to become eligible for parole... Can't these fools see a cry for help when it hits them in the face???

donna, HOUSTON, 2008-06-17 09:44:42
Wow It goes to show how ignorant some people are about HIV, in this day and age of the virus. This is a great shame.

EL, San Francisco, 2008-05-29 01:10:00
This is a modern day leprosy story filled with hatred. Hate all the diseased victims, scum that they are! Lock them the up, burn them, make them go away along with the fear and reality that we too could become one of them! HIV NEG gay men stigmatize and ostracize POS guys with brutal rejections--why not the Dallas judicial system? Where else other than Dallas, among other places with a history of criminalizing gay men and gay sex.

alsharpton, Los Angeles, 2008-05-22 18:08:07
It seems that he intended to use his saliva as a weapon. Could be that that figured in the judge's decision. Anyway, i agree with most people here that it is wrong, and I assume appeals will be made.

Edward Caldero, , 2008-05-22 08:16:06
why not just kill him you are taking away his life i would never want to go to texas land of red necks and mean cops they will even kill church people there wow what next burn hiv people at the stake

Maria, , 2008-05-22 04:05:37
I think it's unjust, to put a man away for 35 years for that reason..Okay , was it right, NO, but not to do hard time.If you want to punish him, give him a fine or something, but jail, is definiltey no the right thing to do..I cannot believe that people are still so NAIVE about THIS DISEASE.I believe that man should be released,and dealt with in a different manner..

James, Westminster, 2008-05-20 18:04:42
While I don't agree that spitting on a police officer constitutes assault with a deadly weapon what about other std's are you subject to a 35 year prison sentence if you have oral herpes ghonorrea However HIPPA has nothing to do with being arrested in this case HIPPA only controls who has access to your medical information and to whom and for what reason it can be provided to other indivuals or entites. This man volunteered his HIV status to this officer which bypasses those protections

john, indianapolis, 2008-05-20 17:57:14
i tested positive for hiv nearly 20 years ago,and i completly agree with the sentencing,except he should serve the total amount without the chance of parol.this man could have bloody gums that will mix with the saliva.

BK, , 2008-05-20 16:25:02
I have been not only living with HIV for over 23 years, but it has been that long that I have used my story as an example of educating and raising consciousness about HIV/AIDS. It really saddens me to think that after all these years we are less educated than when all of this education/prevention/awareness got started. There are no documented cases of anyone contracting HIV from spitting. It's really sad we're making this indiviudal an example to elicit fear, ignorance and prejudice.

Kevin, Phoenix, 2008-05-20 14:46:15
I read another article about this story and the district attorney said that a poz person spitting still constitutes assault with a deadly weapon since low risk doesn't equal no risk. It's outrageous that after 25 years of science that people with HIV still have to be subjected to this garbage. If you spit on a cop, and you later test HIV positive, can they go back and charge you with assault with a deadly weapon?

Dave Martin, Austin, TX, 2008-05-20 14:34:33
Don't blame Texas for G. W. Bush. He's not at Texan - born in Connecticut. As a native Texan, I refuse to accept him, since the only true Texans were born here. But he did lower education standards as governor.

Pat Puline, Cleveland, OH, 2008-05-20 14:15:30
HIV is NOT transmissible through saliva, a natural enzyme occurs which prohibits HIV transmission through saliva. This was made public in 1997. I have been teaching this since 1998. Also, this man has had his civil rights violated, his HIV status is protected by law. The mere fact that he has been arrested based on his HIV status is a direct violation of HIPPA law. ACLU where are you now

Bill P, California, 2008-05-20 12:16:13
Let the "Witch Hunts" begin! Now, the bigots and fearmongers have something to shield them behind insane "Cruel and Unusual Punishment" judgments. Cry, "Witch" anytime you fear your friends, family, and neighbors!! "THE STRICTESS LAW BECOMES THE SEVEREST INJUSTICE." Benjamin Franklin "TRICKS AND TREACHERY ARE THE PRACTICE OF FOOLS, THAT DON'T HAVE BRAINS ENOUGH TO BE HONEST." Benjamin Franklin

mark, vancouver, 2008-05-20 12:11:29
what else would you expect from a state that gave the world George Bush?Texans are obviously hateful, misinformed, uneducated, in-bred useless people... hope the guy gets out of jail soon!

ORDRAY WILLIAMS, AUGUSTA, 2008-05-20 12:07:51
I think this article is truly obsured!!!!!!