New York’s Highest Court Denies Felony Prosecution in Controversial HIV Criminalization Case

  • metta

    Posts: 39144

    Feb 28, 2015 8:58 AM GMT
    New York’s Highest Court Denies Felony Prosecution in Controversial HIV Criminalization Case


    http://cqrcengage.com/aidsunited/app/document/6676907
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    Feb 28, 2015 6:59 PM GMT
    metta8 saidNew York’s Highest Court Denies Felony Prosecution in Controversial HIV Criminalization Case


    http://cqrcengage.com/aidsunited/app/document/6676907



    Same case?

    Recently a NY case handed out a not guilty or reduced sentence to someone who DID transmit HIV.
    That is wrong IMHO.

    Because it is no longer a death sentence or even affected life span....as the prosecution did not refute....the judge felt compelled to a light sentence.

    Sometimes the pendulum swings too far. I agree if it is consensual, legal age, etc. AND with no HIV transmission, regardless if it's condom, ART, or PrEP.....no jail or prison time, no sex offender status. But inheriting a chronic, life long illness shouldn't go unpunished.
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    Mar 03, 2015 12:18 AM GMT
    timmm55 said
    But inheriting a chronic, life long illness shouldn't go unpunished.

    "Inheriting"? icon_rolleyes.gif

    These prosecutions are similar to other kinds of cases, where a knowingly infectious person, perhaps with measles, or tuberculosis, or whatever, violates quarantine and goes out and infects others.

    Is an HIV+ person who has unprotected sex "violating quarantine"?

    And of course you must prove that the infected person KNEW he or she was infected. At least in most US jurisdictions today; it hasn't always been that way.

    So this is unchartered territory in US law. There are some precedents, but their application to HIV cases is tenuous. And frankly, influenced somewhat by politics.

    For myself, if a guy who knew he's poz and didn't reveal that to a partner, and had unprotected sex with him, I would hold him criminally, and civilly, liable for the consequences of transmission.
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    Mar 03, 2015 12:28 AM GMT
    receive or be left with (a situation, object, etc.) from a predecessor or former owner.
    "spending commitments inherited from previous administrations"
    synonyms: succeed to, assume, take over, come into;
    formalaccede to
    "Richard inherited the title"