In other words, let's say you know that you have HIV and you have sex with someone, but you don't tell them you have it. Upon finding out that you didn't tell them about your disease, should your partner be allowed to set charges against you in a criminal court? Question Who's Online | Find Members | Private Messages
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5,705 hits 4.0 (1 vote) Share Favorite | Flag 5 years ago by BlackBird77

Should exposing someone to HIV without disclosing one's HIV-positive status be criminalized?
In other words, let's say you know that you have HIV and you have sex with someone, but you don't tell them you have it. Upon finding out that you didn't tell them about your disease, should your partner be allowed to set charges against you in a criminal court?


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5 yrs ago, 10 mos ago - Friday 11/22/13 - 3:03:25 PM EST (GMT-5)
If I remember correctly, the UK position is currently that there has been no crime committed in exposing someone to HIV unless they become HIV+.
5 yrs ago, 10 mos ago - Friday 11/22/13 - 3:51:04 PM EST (GMT-5)
Isn't it already?

Let me take a gander...


Yeah, it's treated like sexual assault in Canada. The ruling was that if you don't know the person is HIV positive, you're unable to properly consent.

If they die, it's murder.
5 yrs ago, 10 mos ago - Friday 11/22/13 - 3:56:57 PM EST (GMT-5)
On Friday 11/22/13 - 3:51:04 PM SleepyJean wrote:
Isn't it already? Let me take a gander... Yeah, it's treated like sexual assault in Canada. The ruling was that if you don't know the person is HIV positive, you're unable to properly consent. If they die, it's murder.

this. i'm recalling a case we studied in law where a guy with HIV slept with a TON of women and a bunch of them got sick and like two of them died
5 yrs ago, 10 mos ago - Friday 11/22/13 - 5:43:10 PM EST (GMT-5)
I'm pretty sure this question isn't asking whether or not it IS criminalized, but whether or not you THINK it should be criminalized. Just saying..
5 yrs ago, 10 mos ago - Friday 11/22/13 - 5:48:09 PM EST (GMT-5)
On Friday 11/22/13 - 5:43:10 PM Banana_gurl wrote:
I'm pretty sure this question isn't asking whether or not it IS criminalized, but whether or not you THINK it should be criminalized. Just saying..

the condescension is much appreciated, asshole
5 yrs ago, 10 mos ago - Saturday 11/23/13 - 1:21:06 AM EST (GMT-5)
But that only applies as soon as the person is aware, right?

5 yrs ago, 10 mos ago - Saturday 11/23/13 - 1:28:15 AM EST (GMT-5)
On Friday 11/22/13 - 5:43:10 PM Banana_gurl wrote:
I'm pretty sure this question isn't asking whether or not it IS criminalized, but whether or not you THINK it should be criminalized. Just saying..
On Friday 11/22/13 - 5:48:09 PM oreo-rocks wrote:
the condescension is much appreciated, asshole

No, I'm glad someone pointed this out, since SleepyJean seemed to address the other question.
5 yrs ago, 10 mos ago - Saturday 11/23/13 - 1:29:36 AM EST (GMT-5)
On Saturday 11/23/13 - 1:21:06 AM Abzurd wrote:
But that only applies as soon as the person is aware, right?

What do you mean?
5 yrs ago, 10 mos ago - Saturday 11/23/13 - 1:34:18 AM EST (GMT-5)
On Saturday 11/23/13 - 1:21:06 AM Abzurd wrote:
But that only applies as soon as the person is aware, right?
On Saturday 11/23/13 - 1:29:36 AM BlackBird77 wrote:
What do you mean?

Someone is hiv +, but not yet aware. He transmits the virus to someone. After that, he learns he has the virus. Can he be charged?
5 yrs ago, 10 mos ago - Saturday 11/23/13 - 1:38:32 AM EST (GMT-5)
From my understanding, the person must have an official HIV-positive status before the fact.
5 yrs ago, 10 mos ago - Saturday 11/23/13 - 1:39:28 AM EST (GMT-5)
Ok. Thanks.
5 yrs ago, 10 mos ago - Sunday 11/24/13 - 5:02:09 PM EST (GMT-5)
if the person gets infected with HIV, yes.

even worse if you knowingly expose people to it.
5 yrs ago, 10 mos ago - Sunday 11/24/13 - 6:30:53 PM EST (GMT-5)
I think it should be criminalized.
It's like negligent driving - you might not harm anyone, but you've no right to put people in that sort of danger
5 yrs ago, 10 mos ago - Monday 11/25/13 - 5:58:12 PM EST (GMT-5)
what good would that do?
5 yrs ago, 10 mos ago - Monday 11/25/13 - 7:51:36 PM EST (GMT-5)
What good does any law do?
5 yrs ago, 10 mos ago - Monday 11/25/13 - 8:44:49 PM EST (GMT-5)
On Monday 11/25/13 - 7:51:36 PM hamletsghost wrote:
What good does any law do?

allows punishment for those who break them? i don't see your point.
5 yrs ago, 10 mos ago - Monday 11/25/13 - 9:34:35 PM EST (GMT-5)
I'm not in favor of it for a few reasons.

The first is that we don't have mechanisms for relief for exposure to anything else - if you opt out of vaccinating your of-age kid for whooping cough, and my kid wasn't due for it yet and gets sick from your kid, I'd have a hell of a time establishing a claim against you. It's only in the case of HIV that there are special laws.

Second, this ignores that the risk of transmission from an under-treatment individual who is on maintenance medication is actually lower than the risk of going out and sleeping with a random person of unknown status (the probability that a random person is unknowingly carrying the disease multiplied by the probability of transmission if they indeed do is in fact higher than the risk of transmission from a known but 'undetectable' positive person).
5 yrs ago, 10 mos ago - Monday 11/25/13 - 9:40:43 PM EST (GMT-5)
The second point there also belies another argument against - there is some literature suggesting that criminalization actually encourages risky behavior by disincentivising people from getting tested. One can't be charged with knowingly transmitting a disease one has never tested positive for - and since testing is largely voluntary, that poses a particular moral hazard. Untested individuals are a much larger risk.

Then there's the tricky part of identifying what counts as exposing, without actually criminalizing the transmission itself. Oral sex? The risk of transmission of that one, while non-zero, is incredibly miniscule. Does it count as an exposure if there's a condom? (Again, non-zero, but miniscule.) What about the differential rates of transmission between the insertive and receptive partners? (High one way, low the other)
5 yrs ago, 10 mos ago - Monday 11/25/13 - 9:44:40 PM EST (GMT-5)
So basically, those laws only make sense when there is an exceptional negligence - such as an insertive parterner with a detectable viral load and unprotected and the status is still not disclosed.

Some states have it kind of right, IMO, in that an element of willful risk is required for it to be criminal, and by some statutes the use of condoms removes any willfulness to the risk.
5 yrs ago, 10 mos ago - Tuesday 11/26/13 - 9:28:47 AM EST (GMT-5)
Sounds a little extreme for it to be a crime.
4 yrs ago, 11 mos ago - Saturday 11/1/14 - 8:33:59 PM EST (GMT-5)
Yes, it should be a crime.
There's practically a section of craigslist devoted to people who have HIV or AIDS looking to have sex with other people with HIV or AIDS.
There's no excuse to infect others.



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