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I have never heard of anyone getting arrested for passing on syphilis, herpes, clamydia, gonorrhea, please provide cites or stop talking.
Of course HIV is not a crime. But passing on HIV to someone else knowingly surely is a crime. It's also surely a crime to knowingly pass on syphilis, herpes, clamydia, gonorrhea, etc. Oh, and if you think that you might have one of these then you should tell any sex partner beforehand rather than play ignorant. Not getting tested does not absolve you if you think you might be infected.
Because of these HIV criminalization laws, people would have to be insane to get tested! Have fun until you are hospitalized! We now live in a world where personal responsibility is deflected. YOU are responsible for opening your legs without a condom! YOU take responsibility for allowing yourself to become infected! Stop criminalizing the other person. YOU made the choice to get infected, PERIOD.
It appears to me that if a person could prove that they had taken appropriate health care steps, by having regular tests for viral loads, adhering to treatment regimens, etc. that there should be no prosecution. The greater risk is providing an incentive for people to NOT get tested and treated. The existing laws hurt a lot more than they help.
Although I'm not aware of the specifics, I understand that a bill has been introduced in California that will reduce HIV criminalization from a felony to a misdemeanor. It's a start.
Richard
Frank, it's easy enough to do a search online. For example, an old existing 1861 law in UK can and has but has only rarely been used to prosecute a person for knowingly passing on herpes. This law can still be used for any passing on of any STI / STD. There is probably similar old existing law of such type in many other countries. See: http://www.cps.gov.uk/legal/h_to_k/intentional_or_reckless_sexual_transmission_of_infection_guidance/ All it needs is the will to prosecute and evidence.
April 15, 2017 • UK