September 17, 2009

Iowa Man’s 25-Year HIV Exposure Sentence Reduced to 5-Year Probation

Nick Rhoades, an Iowa man sentenced May 8 to 25 years in prison for failing to disclose his HIV status to a male sexual partner, had his sentence reduced to five years of probation without jail time in a September 11 reconsideration hearing, The Iowa Independent reports.

Rhoades believes that his case highlights “inconsistencies” in Iowa’s HIV transmission laws, which penalize intimate contact with another person regardless of whether transmission takes place. The law also does not consider transmission determinants such as condom use and viral load.

“When compared to other crimes and other laws on the books, it seems [my sentence was] a stiff penalty—especially considering the fact that it wasn’t considered a violent crime, that it was a consensual situation between two adults and that there was no infection [of the unnamed partner] showing up to this day,” he said. “I think that is a problem considering the law and how it is imposed and the sentences provided in conjunction with it.”

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Previous Comments:

stacyjovovich, desmoines, 2011-08-13 12:48:26
And the reason why we don't charge criminal activity for failing to disclose herpes, warts, gonorrhea is because they don't threaten your life like HIV/AIDS. Herpes and warts are perma and don't kill. Gonorrhea may kill you (if left untreated) but at least you can take antibiotics. I'm disgusted by the posts... completely biased and ignorant statements.

stacyjovovich, des moines, 2011-08-13 12:46:56
I'm sorry, but even if someone is ignorant enough to fail to ask for your HIV status, you should DISCLOSE NO MATTER THE CASE. Nick is guilty of attempted manslaughter. You posters are ridiculous saying that, "NO ONE WAS HURT! SO WHAT?!" That's awful! My best friend was infected by a guy JUST LIKE NICK. But my friend didn't want to go through the embarrassment reporting the situation. I am disgusted by the audacity some of you people have... Nick knew what he was morally and legally wrong.

Duane Quintana, Boise, Idaho, 2009-09-23 01:23:41
There is a case in Idaho that could use this same help, can anyone connect me with help.

Donald Baxter, Iowa City, Iowa, 2009-09-18 11:32:35
Many people wrote letters on behalf on Nick to the judge to be considered at his resentencing hearing. I think this was a big help and I want to say thanks to all of you who either wrote, or who helped to get this story around the world. This is a human rights violation right here in the American Midwest--the kind of thing you don't think that's possible in America. Sadly, ignorance and intolerance exist everywhere, even in the only state in the heartland to allow same sex marriage.

David, lONG ISLAND, 2009-09-17 23:48:58
By the way Nick. I do not know you and probably never will. But you should know there are people out there who care when others are treated wrong in this country. I not only wrote Center for HIV Law and Policy, I also called Lamba. I just could stand the thought of anyone in jail for 25 years for NOT hurting someone. It really affected me mentally. Last week I got an email about your reconsideration. I was thrilled. I would love to know if you plan to work to change the laws. I ll help

David, LONG ISLAND, 2009-09-17 23:43:11
I for one got really sick just thinking about this case. I actually wrote Center for HIV Law and Policy. I asked what could be done to help Nick. I just saw this whole thing as so unfair. You guys who are being so harsh and judgmental are not living in the real world. He did not injure anyone. He did not allow any contact of the virus with the other guy. Now on the other hand any guy or girl who intentionally has unprotected contact with the full intention of infecting. Maybe then

Scoobievb, Virginia Beach, 2009-09-17 17:27:12
I totally understand that there is a chance of infecting someone with HIV during sex, however there are other diseases that can be transmitted thru sex. Why aren't they treated the same way? Why don't people who transmit something to a positive partner face stiff penalties?