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David H. Weiss, Attorney at Law

It can't be said often enough: Human sexuality is complicated, and if - and again, that’s a big IF - disclosure laws prevent more harm than they cause, it should only be unlawful for someone with HIV (or any dangerous sexually transmitted pathogen,) to knowingly and intentionally fail to disclose that he or she has that condition to a partner immediately prior to engaging in any sexual activity that carries a reasonable risk of transmission that the partner may become infected. Likewise, if someone does cross the line of acceptable conduct, he or she shouldn’t be punished at all unless they’ve actually transmitted their pathogen. Last January I posted a suggestion for a “model” penal law: 1. It shall be unlawful for anyone with a sexually transmitted condition, as defined herein, to knowingly and intentionally fail to disclose that he or she has that condition to a partner immediately prior to engaging in any sexual activity that carries a reasonable risk of transmission that the partner may become infected. 2. Notwithstanding the above, if anyone with a sexually communicated condition knowingly and intentionally fails to disclose that he or she has that condition to a partner immediately prior to engaging in any sexual activity, without actually transmitting such disease, such conduct shall not punishable by law. 3. Section 1 shall not apply to anyone engaging in sexual activity for payment or in any commercial establishment or other public venue where sexual activity between consenting adults occurs. 4. The following conditions are sexually communicated conditions: * BV - Bacterial Vaginosis * Chlamydia and LGV * Gonorrhea * Hepatitis (viral) * Herpes, Genital * HPV - Human Papillomavirus Infection * PID - Pelvic Inflammatory Disease * Syphilis * Trichomoniasis * Human Immunodeficiency Virus

October 26, 2008

anon

Your commentary is one of the most unbiased, balanced and thoughtful commentaries I've seen on this issue thus far. Bravo!

October 24, 2008