December 18, 2009

Positive Iowa Man Arrested for Unprotected Sex Without Disclosing Status

A Waterloo, Iowa, man named Donald Eugene Bogardus was arrested for allegedly having unprotected sex without disclosing his HIV-positive status to his partner, reports the WCF Courier.

Court records do not say whether his partner contracted HIV, but in Iowa a person can be charged for criminal HIV transmission—a Class B —whether or not transmission actually takes place.

According to the article, Bogardus had unprotected sex with his partner three times and never disclosed his status. His partner, who remains unidentified, filed a report, and Bogardus was arrested after a police investigation.

Bogardus is being held on a cash-only $50,000 bond and he faces up to 25 years in prison.

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Previous Comments:

grace, New Mexico, 2010-01-30 22:27:07
It's wrong to not disclose your status and have unprotected sex. At the same time people need to take responsbility for protecting themselves. Yet, criminalization is going to have a backlash. It increases the stigma, so people won't get tested and know their status. And poz people who don't know their status are free to spread the virus as much as they'd like, without consequence. The message of criminalization is...Don't get tested, then you can claim ignorance and avoid prosecution.

Gary, West Hollywood, 2010-01-25 10:31:06
I just clicked on the link for the article. Not only is the accused full name used in the story, they also publish his booking photo and his home address. This is one man whose reputation is ruined regardless of the outcome. Shameful.

Gary, West Hollywood, 2010-01-25 10:27:56
How unfair that the accused gets his full name published in the paper but the person with whom he had sex remains anonymous. What if the accused is found not guilty?

Frederick Wright, Tampa, 2010-01-19 11:54:49
It is sad that anyone becomes HIV or Diabetic, for it truly is a human infirmity. I think it is sad that people are being jail for loving some one or not having a relationship built on trust and truth. Gay Marriage is a need to learn these values and helping sexual people build on these values. I am one that tinks HIV and Diabetes are the same just an illness. Will I go to jail in the future for offering a a disclosed Diabetic a cake with surgar spinkles that causes kidney failure?

chipper, Bullhead City, AZ, 2010-01-17 12:16:47
It's time for people to start taking responsibility for their actions. Not just with disease disclosure, but with everything. The past 20 years, our society has morphed into something that becoming onrecognizable! Where is compassion for our fellow human beings? On both sides of this issue. Maybe before jumping into bed with someone, a person should ask themselves how they felt the day they were informed they had the virus. Come on guys. Only we can make a difference within our community.

found out i was poz, , 2010-01-10 20:21:51
mr baxter i i no how you feel about the treatment of hiv/aids infected

recently found out i was poz, , 2010-01-10 20:17:41
i would like the guys out there to no that i have recently found out i was poz and beleive my now ex of 2 years and i have not had contact sence with any man was poz and new he was and i asked him befor the act i no the doctor can not give a date on when someone contracted the hiv but i have was told iv contracted it in the last 3-5 years and now the medical problems he was having wile we were together all made sence when i found out i was poz but the first act didnt take place in iowa it means

Blaine, Dallas, 2010-01-10 19:23:40
Whether or not transmission actually takes place? Are we in Nazi Germany? That's like me sneezing on someone but him not contracting my flu virus yet I am still being charged with a felony! And yes people, you can die from the flu virus!

James, Minneapolis, 2010-01-07 17:47:22
Things are getting worse for gay men in America, there's no question about that. Time to start sticking up for ourselves. Get off of the sex websites and start using that time to band together to fight for GAY RIGHTS.

Michael, Inglewood, 2009-12-31 09:56:21
BOGUS! Why dont they lock up the HIV - person for not asking him??

J Miami, Miami, FL, 2009-12-31 00:29:00
I personally have been very upfront regarding my status because I know there are still many trusting people out there. I was once also very trusting (and stupid and HIV-) and I didn't protect myself with a boyfriend. My current boyfriend is HIV- and I told him on the first date. It changed nothing between us except we use condoms all the time. In fact, more time that not, it has changed nothing with the people I have dated.

Sade Farrell, mia, fl, 2009-12-30 21:13:04
are you guys crazy? you mean to tell me that iowa is wrong for looking this man up? he just possibly gave someone a death sentence and everything is all good? he intentionally had unprotected sex with someone, with is positive status in mind. whatever amount of jail time he gets, he deserves.period. we penalize terrorist. why? because they have intentions on killing innocent citizens. no, this man didnt try to kill anyone, but virtually, thats what he did

Fox, San Francisco, 2009-12-29 18:55:57
Bogardus - Bogus, indeed. 25 years in prison for non-disclosure whether or not transmission occured. Wake up, people, if we stop acting like victims, we will stop creating villains.

Mary Berry, San Jose, CA, 2009-12-26 13:42:47
Wow! Thats the way to get the # of cases to record highs! Cut back funding for education, needle exchanges, meds and services. Lock up those responsible enough to get tested, perhaps even a few for just being poz. Way to go!

Mary Berry, California, 2009-12-26 13:35:15
If these folks want to see a sharp rise in new cases they are doing everything right! Cut back on education and keep needle exchange criminalized, make services &medication for those infected hard to get. Oh and by all means(this is what I feel will really get those numbers up) make sure that everyone who is responsible enough to get tested is prosecuted to the fullest extent of the law for having sex. Perhaps just locking up a few for having this disease would create a new record high! Good Job