Imprisoned over HIV: One man's story

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    Aug 02, 2012 9:17 PM GMT
    Didn't see a mention of this story / article so figured I'd post it.

    A few things I'd comment on....

    1) Yes I agree it's pretty dumb to go around having sex (even if safe) if you know you're HIV+ and not tell your potential relationships... but what happened to this guy doesn't match his "crime".

    2) The misinformation that the "victim" is spouting is crazy. He didn't care that the guy would have been locked up for 25 YEARS for not even infecting him. He doesn't care that he used a condom. He believes he could have gotten HIV from having oral (which as far as I know is next to impossible).

    3) These laws were designed to bring justice to people willing and trying to infect others maliciously. How dumb is it that you actually know your status and you could imprisoned for that long? It goes against the principle of ever being tested and finding out.

    4) The fact that the guy is listed as a sex offender still is absurd... can't see his nephews / nieces alone, can't have an email, etc.
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    Aug 02, 2012 9:42 PM GMT
    Similar incidents have taken place here in Canada. However the law is under review in Canada's Supreme Court.

    "OTTAWA • Canada’s highest court will hear two landmark cases Wednesday on whether someone living with HIV should be held criminally liable if they do not disclose their condition to a sex partner, even when the risk of transmission is low.

    Since 1998 when the Supreme Court ruled in R. v. Cuerrier, more than 130 people with HIV have faced criminal charges across the country.


    “In most cases, we’re talking about very, very small risk of exposure that is not generally appreciated by many judges or by many juries or by the public at large,” he said.

    “There is a sense of exaggerated risk and you want to put that into perspective. It’s fear, misinformation and stigma that is driving the application of the law.”

    The days of a positive diagnosis resulting in a “death sentence” for HIV patients is also no longer accurate, according to the HIV/Legal Network, which is acting as one of nearly a dozen interveners in the high-profile cases.

    Readily available treatment makes it possible for someone diagnosed now to keep a low viral count and reduce the risk of spreading the virus.

    In reality, the majority of those newly diagnosed are more likely to die of a disease other than the HIV or AIDS, added Mr. Elliott.

    The group still believes those who wilfully and maliciously infect others should be criminally prosecuted, but says current laws have been misinterpreted by the courts as a way to penalize those who have done little to no harm."