HIV/AIDS
People who spread HIV legally responsible, court rules
By RealJock Staff
Published Jul 06, 2006
Published Jul 06, 2006
A California Supreme Court has ruled that people can be held legally responsible for transmitting HIV, even if they don't know they have it.
The court ruling allows a woman who claims that her husband had a risky gay lifestyle prior to their marriage to prove that he caused her HIV infection. Both parties now have AIDS.
"Simply put, it means that even though you didn't know, you should have known," the wife's lawyer, Roland Wrinkle, told AFP on Wednesday. "If you act negligently while driving and injure someone…the negligent person bears the burden. Why should it be different with a disease?"
In the bitter dispute, the wife charges that her husband continued to solicit gay sex online after their marriage.
According to the AFP, the "should-have-known" standard should encourage people to be tested.
"To the extent people thought they could be reckless and irresponsible in these types of situations and would not be held accountable for that behavior—that is no longer the case," Wrinkle told the AFP.
The court ruling allows a woman who claims that her husband had a risky gay lifestyle prior to their marriage to prove that he caused her HIV infection. Both parties now have AIDS.
"Simply put, it means that even though you didn't know, you should have known," the wife's lawyer, Roland Wrinkle, told AFP on Wednesday. "If you act negligently while driving and injure someone…the negligent person bears the burden. Why should it be different with a disease?"
In the bitter dispute, the wife charges that her husband continued to solicit gay sex online after their marriage.
According to the AFP, the "should-have-known" standard should encourage people to be tested.
"To the extent people thought they could be reckless and irresponsible in these types of situations and would not be held accountable for that behavior—that is no longer the case," Wrinkle told the AFP.
FirmGuy wrote:
This article is appauling, considering there is no actual test that proves someone has HIV in the first place. People need to get there research right. The actual HIV test are faulty, even the makers of tests say there are not accurate. But yet people are still believing the norm of the establishments who are making billions of dollars from human lives. When is this ever going to stop!http://www.helpforhiv.com/falsepositives1.htm
Nov 04 12:46 AM
dfrourke wrote:
hmmmm...this has the potential to be dangerous...although I go agree with holding people responsible for reckless behavior...many break ups tend to be difficult, emotional, and sometimes bitter...will this force positive people to only date positive people and vice versa so lawsuits after a break up don't occur? Where is the responsibility for each of us to protect ourselves? Are the courts prescribing a "reasonable standard"...what is being deemed as reckless?...slippery to say the least without this being spelled out for the public...
Nov 03 9:28 PM