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Main Forums => Living With HIV => Topic started by: mecch on August 26, 2010, 03:01:40 pm

Title: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: mecch on August 26, 2010, 03:01:40 pm
Hi all.

Since there are a lot of newbies around, and this subject is popping up in various threads, I thought I would create a dedicated thread, once again.

By now you may have heard that the german pop star has been declared guilty of both non-disclosure and principally, transmission of HIV (many years ago, to an ex boyfriend).
http://www.huffingtonpost.com/2010/08/26/nadja-benaissa-found-guil_n_695360.html

She got off pretty easy, in a global perspective, with the German justice system giving her a 2-year suspended sentence.

HIV+ people around the world MUST be aware of the legal risks they have in the states and nations in which they are having sex.  Whether or not you agree with the prosecutions, they happen.

A lawyer just posted an interesting discussion of the very latest reasoning that should be applied to such cases considering the latest science and medicine:
http://www.towleroad.com/2010/08/stop-or-my-hiv-will-shoot.html

Unfortunately, no HIV+ person can take for granted that the law or that their partners will be reasonable.
Especially the law.

If you are a newbie - please learn now that there one important issue to understand:  non-disclosure can be a crime, even if there is no transmission.  Depending on where you live.

http://en.wikipedia.org/wiki/Criminal_transmission_of_HIV

If anyone can't google and find the laws that apply in their location, just chirp up and maybe other members here can help find them.

http://criminalhivtransmission.blogspot.com/
Criminal HIV Transmission
A collection of published news stories, opinion, and resources about so-called 'HIV crimes'.

Title: Re: The crime of non-disclosure - a new thread.
Post by: Rev. Moon on August 26, 2010, 03:38:54 pm
No disrespect intended, but was this really necessary?  This has to be disclosure thread #236,748 (cross referenced with "criminalization of HIV" thread #158,462). These things always go downhill and they are not appreciated by many of us around here.

But that's just my opinion. Newbies, have at it for all that I care.
Title: Re: The crime of non-disclosure - a new thread.
Post by: skeebo1969 on August 26, 2010, 03:51:57 pm
No disrespect intended, but was this really necessary?  This has to be disclosure thread #236,748 (cross referenced with "criminalization of HIV" thread #158,462). These things always go downhill and they are not appreciated by many of us around here.

But that's just my opinion. Newbies, have at it for all that I care.

Agreed...  a lot of hurt feelings generally erupt from the issue of criminalization of HIV as well. While knowledge is always necessary, I don't think any of us are in the spectrum that involves non-disclosure.  We care to much for ourselves..  it is what it is though.  The newbies can have at it... but in the end it takes time (for some) living with HIV to truly understand the impact criminalization has for all of us.

I offer the thread good luck anyways.
Title: Re: The crime of non-disclosure - a new thread.
Post by: phildinftlaudy on August 26, 2010, 03:56:21 pm
Agreed...  a lot of hurt feelings generally erupt from the issue of criminalization of HIV as well. While knowledge is always necessary, I don't think any of us are in the spectrum that involves non-disclosure.  We care to much for ourselves..  it is what it is though.  The newbies can have at it... but in the end it takes time (for some) living with HIV to truly understand the impact criminalization has for all of us.

I offer the thread good luck anyways.
I agree - everytime I have seen a thread with this topic area it always ignites into personal name calling and eventually gets locked.... maybe this time will be different.... ???
Title: Re: The crime of non-disclosure - a new thread.
Post by: Matty the Damned on August 26, 2010, 04:32:39 pm
How in the fuck is this an Off Topic thread?

MtD
Title: Re: The crime of non-disclosure - a new thread.
Post by: mecch on August 26, 2010, 04:41:51 pm
Ah, three such very unhopeful responses.

If it's not for you, don't come back here.

I posted it to give information for people more naive about the issue then yourselves. I didn't insult anyone. The German story is very much in the news.

P.S. if its in the wrong section, the moderators can move it. Keep your vulgar mouth to yourself, MTD. 

Title: Re: The crime of non-disclosure - a new thread.
Post by: Matty the Damned on August 26, 2010, 04:46:22 pm
Ah, three such very unhopeful responses.

If it's not for you, don't come back here.

I posted it to give information for people more naive about the issue then yourselves. I didn't insult anyone. The German story is very much in the news.

P.S. if its in the wrong section, the moderators can move it. Keep your vulgar mouth to yourself, MTD. 

It's not fucking rocket surgery. Off Topic is an HIV free zone. That's what it was created for back in fucking 2005.

A place where we could talk about something other than HIV. ::)

If you want to indulge yourself with another round of HIV disclosure hair pulling then post it in fucking LW where this sort of mindless shit belongs.

And yes, I've reported it.

MtD

/edit to correct a fucking typo/
Title: Re: The crime of non-disclosure - a new thread.
Post by: David Evans on August 26, 2010, 05:02:35 pm
It actually does belong in living with HIV. And I'm moving it now. I'll be watching it closely and if it devolves, as many on this subject do, it will get locked.

David
Title: Re: The crime of non-disclosure - a new thread.
Post by: Queen Tokelove on August 26, 2010, 05:04:36 pm
It doesn't matter to me one way or the other but as most knows about me, I don't disclose. It's on a need to know basis with me. And I have my reasons for being that way. I don't knock those who want to scream their status for the world to see or those who wish to do it to fight the STIGMA. I respect their choice to do that. All I ask is respect my choice NOT TO until I feel it is necessary to.
Title: Re: The crime of non-disclosure - a new thread.
Post by: BT65 on August 26, 2010, 06:18:08 pm
These damned "non-disclosure=criminal" threads are terribly nauseating.  Can't you find something else to prattle on about?  I'm sure n00bs can search out the old threads if need be.
Title: Re: The crime of non-disclosure - a new thread.
Post by: jkinatl2 on August 26, 2010, 06:22:55 pm
Why do you do this, Mecch? Why continually force these divisive issues to the front of the line? Is this a community or a debate class?
Title: Re: The crime of non-disclosure - a new thread.
Post by: newt on August 26, 2010, 06:28:16 pm
Non-disclosure is not a crime per se, so change the title please. It's not even metaphorically a crime, even for HIV. There are also many situations where non-disclosure is a very good and extremely sound idea.

A sensible discussion about crimnal laws and HIV discussion is very hard, especially when people may feel guilty, or just bad, about having acquired HIV, or perhaps having potentially passed it on. If passing on a potentially life-thretening virus is criminal you better get the cops out next flu season, bus journey or shag.

We's not criminals for having a virus.

There, I restrained myself and didn't swear in that last sentence.

- matt
Title: Re: The crime of non-disclosure - a new thread.
Post by: Boze on August 26, 2010, 06:37:59 pm
Why do you do this, Mecch? Why continually force these divisive issues to the front of the line? Is this a community or a debate class?


C'mon, this is not rocket science. There is a new member on the forum who appears to be...umm...not very knowledgeable about HIV.  He asked a question of whether he should disclose his status to his tricks - indicating that he is not aware of the consequences he can face for failing to disclose.
Mech thought it would be useful to start a thread reminding all the new members about the criminal persecution they can face if they fail to disclose to sex partners. It is not meant to be an area to discuss the legal/ethical merits of current legislation - only a brief primer to those who may not be aware of what the law is.
Title: Re: The crime of non-disclosure - a new thread.
Post by: Rev. Moon on August 26, 2010, 06:38:56 pm


We's not criminals for having a virus.

There, I restrained myself and didn't swear in that last sentence.

- matt


I'll say it for you Matt cause this type of thread gets my blood boiling:

We're not fucking criminals just because we have a goddamned virus. So stop this bullshit.
Title: Re: The crime of non-disclosure - a new thread.
Post by: Miss Philicia on August 26, 2010, 06:48:55 pm
Au contraire!  I'm a criminal of love.
Title: Re: The crime of non-disclosure - a new thread.
Post by: Matty the Damned on August 26, 2010, 06:58:02 pm
C'mon, this is not rocket science. There is a new member on the forum who appears to be...umm...not very knowledgeable about HIV.  He asked a question of whether he should disclose his status to his tricks - indicating that he is not aware of the consequences he can face for failing to disclose.
Mech thought it would be useful to start a thread reminding all the new members about the criminal persecution they can face if they fail to disclose to sex partners. It is not meant to be an area to discuss the legal/ethical merits of current legislation - only a brief primer to those who may not be aware of what the law is.

A primer my gigantic hairy white arse. It's just another fucking opportunity for the shame-weenies to beat their puny chests about what they see as unfairness of having HIV.

MtD
Title: Re: The crime of non-disclosure - a new thread.
Post by: newt on August 26, 2010, 06:59:40 pm
shame-weenie...that is so going on a t-shirt (perhaps with picture)
Title: Re: The crime of non-disclosure - a new thread.
Post by: Matty the Damned on August 26, 2010, 07:12:17 pm
shame-weenie...that is so going on a t-shirt (perhaps with picture)

Memes-While-U-Wait. :)

MtD
Title: Re: The crime of non-disclosure - a new thread.
Post by: sharkdiver on August 26, 2010, 07:17:37 pm
why, why why why why on earth did you have to start a thread like this?

Title: Re: The crime of non-disclosure - a new thread.
Post by: jkinatl2 on August 26, 2010, 08:05:09 pm
I fully disagree, Boze. It is an incendiary thread started with no purpose other than a flamewar - only  a WEEK after an identical thread was locked.

Title: Re: The crime of non-disclosure - a new thread.
Post by: phildinftlaudy on August 26, 2010, 08:14:51 pm
I fully disagree, Boze. It is an incendiary thread started with no purpose other than a flamewar - only  a WEEK after an identical thread was locked.


I agree completely that this thread topic - as past recent history has shown - has the potential to be incendiary.  I also think it is quite interesting that the "primer" purpose for newbies doesn't seem to be occurring at all.  I also agree that newbies can search the past topic areas and find whatever information related to this topic area that they may need to know.  Also, information was provided on another thread of where people could look to find out information.
Title: Re: The crime of non-disclosure - a new thread.
Post by: Joe K on August 26, 2010, 08:18:35 pm
As a member of this community, I believe we all have the responsibility to be sensitive to other members. The topic of criminalization of HIV exposure, is a very tender subject here and Mecch, I believe you have an obligation to honor the wishes of the forum. Especially, when you are starting a thread, with a topic that was locked a week ago, due to the divisive nature of the subject. Being part of this community requires respect for others and sometimes you really need to think before you post such a tender topic.
Title: Re: The crime of non-disclosure - a new thread.
Post by: Andy Velez on August 26, 2010, 08:24:01 pm
Just want to caution that we're watching this thread lest it erupt into another flame war. I agree with others who have said the kind of information which newbies need is definitely pretty widely available about legal issues related to disclosure.

For the timebeing I'm leaving this one open. We'll see if anything useful comes of it.  I  also note that not a single newbie has commented that this is a helpful "discussion."
Title: Re: The crime of non-disclosure - a new thread.
Post by: elf on August 26, 2010, 08:31:30 pm
Here where I live:
hiv disclosure is not considered a must if a condom is used,
hiv transmition cases have made it into the newspapers but no one has been sentenced because of the transmission.

But still...
I'm not ready to tell anyone about my status (less is more) because I haven't really benefited from
disclosing so far (all my friends ran away, and some may have spread the ''news'')...


Bottom line: any nondisclosure can make a headline,
so, watch out! Newspapers of today only serve to humiliate you.
Condom or no condom, criminal transmission law or not, It does not matter to them.

Anyone can sue you for everything.
Title: Re: The crime of non-disclosure - a new thread.
Post by: ElZorro on August 26, 2010, 09:01:46 pm
Interesting thread....not much meat in it after the OP, though, right?  In fact, if you removed all of the responses that simply questioned why the thread was created, it would be pretty short .... lol
Title: Re: The crime of non-disclosure - a new thread.
Post by: mecch on August 26, 2010, 10:21:22 pm
Exactly.  Im not flaming anyone.

I didn't see the locked thread.  So I certainly didn't create a flame war there, and am not inviting one here.

Newbies may not comment right away.  If ever.  It was just posted a few hours ago, geez.

I saw several news stories this week about non disclosure and prosecution.  Its on the front page in Switzerland.  Its a big world. 

I think this is shoot the messenger. I dont understand the animosity to me, a member of this community.  I didn't write the laws, I don't prosecute them, and I think they are dumb.  I think we need to know about them and then each person makes up his own mind about his actions.   

I don't understand why bringing attention to state persecution of HIV+ people is considered an offensive act by an HIV+ person, myself, against HIV+ people. 

Furthermore, I'm not shaming anyone.  It's not a thread about your personal actions. 

When I joined this forum, I didn't know much about a lot of things and I learned it by reading peoples conversations.  I don't understand why internecene bitchiness among us members, has any value in a thread on a serious topic such as knowing the legal stakes in being HIV+ in certain parts of the world. 

Quite a few of you don't personally like me so send me personal hate mail privately but unless you have something constructive and informative to add toward informing people.

Newt is right that a discussion of this topic is difficult but if we can't do it here, what a pity.  He is wrong saying non disclosure is not criminal, per se, which is the point of my post, because evidently in some countries and in some states in the US, it a prosecutable offense.

There is a man who may serve 15 years for a one off encounter, in Texas.  I personally find this very worrisome and if you do to, why shoot me, the messenger?

Can we stay on the topic and discuss that?  Or do you who dislike me so much have to hijack the thread?

Title: Re: The crime of non-disclosure - a new thread.
Post by: Matty the Damned on August 26, 2010, 10:24:27 pm
Exactly.  Im not flaming anyone.

I didn't see the locked thread.  So I certainly didn't create a flame war there, and am not inviting one here.

Newbies may not comment right away.  If ever.  It was just posted a few hours ago, geez.

I saw several news stories this week about non disclosure and prosecution.  Its on the front page in Switzerland.  Its a big world. 

I think this is shoot the messenger. I dont understand the animosity to me, a member of this community.  I didn't write the laws, I don't prosecute them, and I think they are dumb.  I think we need to know about them and then each person makes up his own mind about his actions.   

I don't understand why bringing attention to state persecution of HIV+ people is considered an offensive act by an HIV+ person, myself, against HIV+ people. 

Furthermore, I'm not shaming anyone.  It's not a thread about your personal actions. 

When I joined this forum, I didn't know much about a lot of things and I learned it by reading peoples conversations.  I don't understand why internecene bitchiness among us members, has any value in a thread on a serious topic such as knowing the legal stakes in being HIV+ in certain parts of the world. 

Quite a few of you don't personally like me so send me personal hate mail privately but unless you have something constructive and informative to add toward informing people.

Newt is right that a discussion of this topic is difficult but if we can't do it here, what a pity.  He is wrong saying non disclosure is not criminal, per se, which is the point of my post, because evidently in some countries and in some states in the US, it a prosecutable offense.

There is a man who may serve 15 years for a one off encounter, in Texas.  I personally find this very worrisome and if you do to, why shoot me, the messenger?

Can we stay on the topic and discuss that?  Or do you who dislike me so much have to hijack the thread?

You didn't see this 9 page monster? (http://forums.poz.com/index.php?topic=32806.0)

Heidi, please. Clean the shit out of your eyes. ::)

There is nothing in your OP which wasn't covered in the previous clusterfuck. Or the eleventy-squillion other threads that have been had on this sucked dry issue.

MtD
Title: Re: The crime of non-disclosure - a new thread.
Post by: Hellraiser on August 26, 2010, 10:27:55 pm
I actually never read the archived discussions.  So I don't necessarily see new members of the forums reading up on the old threads to find this material.  After viewing the thread that was turning into this very discussion mecch started a new thread in an attempt not to further derail.
Title: Re: The crime of non-disclosure - a new thread.
Post by: Miss Philicia on August 26, 2010, 10:29:58 pm
"archived"?  that was two weeks ago
Title: Re: The crime of non-disclosure - a new thread.
Post by: Hellraiser on August 26, 2010, 10:30:55 pm
"archived"?  that was two weeks ago

So if someone started reading the forums this week then they would not see an older thread.  I honestly don't even know which thread you guys are talking about and I catch up on these threads daily.
Title: Re: The crime of non-disclosure - a new thread.
Post by: Rev. Moon on August 26, 2010, 10:34:53 pm
So if someone started reading the forums this week then they would not see an older thread.  I honestly don't even know which thread you guys are talking about and I catch up on these threads daily.

C'mon Fergie, remember the "but he looked so healthy" thread about some fella in Australia?  Don't tell me that your memory is failing you this early.
Title: Re: The crime of non-disclosure - a new thread.
Post by: WillyWump on August 26, 2010, 10:35:24 pm
Frankly I dont see what all the broo-ha-ha is about. I actually find Mecchs info and links useful. I too, missed "the other" thread.

-W
Title: Re: The crime of non-disclosure - a new thread.
Post by: Hellraiser on August 26, 2010, 10:35:44 pm
C'mon Fergie, remember the "but he looked so healthy" thread about some fella in Australia?  Don't tell me that your memory is failing you this early.

That only got locked 2 weeks ago?  I was thinking it was more like 2 months.  I do seem to remember it getting resurrected a long time after it was initially posted though.
Title: Re: The crime of non-disclosure - a new thread.
Post by: Miss Philicia on August 26, 2010, 10:37:18 pm
So if someone started reading the forums this week then they would not see an older thread.  I honestly don't even know which thread you guys are talking about and I catch up on these threads daily.

So we should do a new thread like this every two weeks, year after year?  Oh, what a brilliant idea Hellboy.
Title: Re: The crime of non-disclosure - a new thread.
Post by: Hellraiser on August 26, 2010, 10:40:29 pm
So we should do a new thread like this every two weeks, year after year?  Oh, what a brilliant idea Hellboy.

You know as well as I do these forums continually generate discussion over the same topics.  It's going to happen as there's really the same issues facing all of us continually.  I'm a little concerned over what I perceive as people essentially boycotting Mecch's post because it was Mecch who posted it.  In truth he was attempting to be helpful and if you or anyone didn't like it there was really no reason to post in it.
Title: Re: The crime of non-disclosure - a new thread.
Post by: phildinftlaudy on August 26, 2010, 10:41:00 pm
So if someone started reading the forums this week then they would not see an older thread.  I honestly don't even know which thread you guys are talking about and I catch up on these threads daily.
It was there Trey - I very well remember it - In fact, I believe that the resulting comments that the thread incited actually led to a member getting either timed out or banned --- at any rate, I think that much like we provide links to reputable sources for medical information, this thread (at the beginning, if I recall while typing) and the other thread that was locked, as well as a thread that is currently still open have given ample resources to find out legal issues surrounding non-disclosure in a person's respective state/country.  Once that info is out there (which it is) anything else that is going to go on in a thread with this type of topic is going to be opinion-based and for sake of debate, argument or dispute.  Just my "opinion" on the matter.  
Title: Re: The crime of non-disclosure - a new thread.
Post by: texas_stud on August 26, 2010, 10:55:47 pm



this post is very scary. i dont like it. and i understand why these dudes get pissed off about it.



boze: i know you directed this at me. i dont like you dude.
i dont know how to use the purple boxes but heres what you said

(boze)
C'mon, this is not rocket science. There is a new member on the forum who appears to be...umm...not very knowledgeable about HIV.  He asked a question of whether he should disclose his status to his tricks - indicating that he is not aware of the consequences he can face for failing to disclose.


i guess your calling me dumb. mrs ann told me that you were not supposed to do that.
keep your mean to yourself.


i have to go to work at the club. dont fight anymore dudes.
Title: Re: The crime of non-disclosure - a new thread.
Post by: Queen Tokelove on August 26, 2010, 10:57:10 pm
I guess I need to take the time to read more in here instead of just breeze thru threads. I didn't know there was a simliar thread that just got locked. But I do admit there has been a discussion(s) about it plenty of times before. The horse has been beat, mummified, and beat some more.
Title: Re: The crime of non-disclosure - a new thread.
Post by: joemutt on August 26, 2010, 11:42:30 pm
the correct name of the tread is 'the attempts at criminalizing non-disclosure' not 'the crime of non-disclosure'.
Title: Re: The crime of non-disclosure - a new thread.
Post by: Granny60 on August 27, 2010, 12:07:50 am
Unfortunately for some newly diagnosed,  people changing states,  and  those like myself who live in the boonies and had to find out about HIV on their own long before knowing about POZ or case management or any other crap, this is a relevant subject if they don't know. POZ is  not just for mindless bantor  for some of us that still need a sense of community and comradery,  but for for some  a resource.   A link on Lessons with a side note that the info may be dated or subject to change as laws  change might help people who DON'T YET KNOW EVERYTHING.  Please be nice.

http://www.hivlawandpolicy.org/resources/view/198
 State Criminal Statutes on HIV Transmission, Lambda Legal
 * Criminal Law
       Resource Type
    Compilations of Laws and Cases  
Description

    This chart, updated in August 2009, includes state-by-state information on criminal laws related to exposure and transmission of HIV for all 50 states and the District of Columbia. Information includes statutory and regulatory citations, crime classification, summaries of laws, and additional notes.

edit 11:09 P.M because I can't feakin spell tonight.
Title: Re: The crime of non-disclosure - a new thread.
Post by: Miss Philicia on August 27, 2010, 12:28:02 am
Your link doesn't seem to show anything for Texas, so... since that's the actual topic of this thread at best it's unclear for the OP.

Also, for Trey, it seems that Louisiana allows you to have sex without disclosure if you utilize a condom.  There's no feasible "intentional exposure" if you do that, correct?  Missouri seems draconian like Granny previously stated, like Iowa.

Still to make a blanket statement that this is "the standard in most states" is a diservice to our forum readers in other states.  One should also keep in mind the relative effect on all HIV+ people in the US, meaning which states have the largest concentration of pozzies, at least in the context of a message board.
Title: Re: The crime of non-disclosure - a new thread.
Post by: Granny60 on August 27, 2010, 12:43:20 am
Texas Criminal code among way to many pages to post here
   Sec. 81.066. CONCEALING COMMUNICABLE DISEASE OR EXPOSURE TO COMMUNICABLE DISEASE; CRIMINAL PENALTY
Title: Re: The crime of non-disclosure - a new thread.
Post by: Miss Philicia on August 27, 2010, 12:48:48 am
Texas Criminal code among way to many pages to post here
   Sec. 81.066. CONCEALING COMMUNICABLE DISEASE OR EXPOSURE TO COMMUNICABLE DISEASE; CRIMINAL PENALTY

A condom prevents exposure last time I heard -- what you're posting isn't clear with intent.
Title: Re: The crime of non-disclosure - a new thread.
Post by: Granny60 on August 27, 2010, 01:38:37 am
I emailed my sister in texas  and asked her who texted her neighbor down the street who is an attorney and I have copy and pasted the  reply:
   There are a number of statutes dealing with communicable disease and some that specifically pertain to HIV or Acquired Immune Disease but this is not really my area of expertise. Counties are also allowed to write their own laws. Most prosecutors would probably prefer to prosecute along the line of endangering the welfare or attempted murder to obtain an easy conviction and use enough scare tactics that a judge or jury would convict the offender to insure their own little tramp at home might never be exposed.  This is Texas; if they could get away with it they would probably just use "  I thought he was breaking in , so I just shot him"  if they could get away with it. L.O.L. I can ask Hank if you really need to know or link you to specific statutes.  I hope this is just a curiosity matter and not a need to know. So you have one less football player with one off to college.  Wow.
Title: Re: The crime of non-disclosure - a new thread.
Post by: dvinemstre on August 27, 2010, 09:24:03 am
Taking this from a slightly different angle, if any of you have read the President's HIV/AIDS plan for the US which was signed this summer, I have to point out the MAIN issue it outlines with there being criminalization laws on the books in many states. THE CRIMINALIZATION , lawsuits, etc ONLY can be "enforced" if there was INTENT. One of the biggest issues is that people do not want to know and therefore do not get tested. so 1) if I do not know I'm Poz I can not have intent, which means 2) I can fuck myself and everyone in the universe silly, bareback, raw, whatever, and NEVEr have intent, 3) ANY criminalization laws DETER people from being testing and knowing their status. This then leads to lack of health care and monitoring for persons who are + and could benefit from early detection and intervention. I am contiinually amazed by people who do not think twice about having random unprotected sex and NEVER getting any STI tests, period. And for the record I am a middle ages straight female. The report also points out that the "intentional" - note intent- act to infect another is very low and persons who know they are + typically are quite safe in their sexual dealings, disclosure or not. SO it seems to me that knowing there are criminalization laws is just as important as knowing there are travel bans and other things in different parts of the US and global community. I really hate that disclosure is an ongoing source of discord here and for some of us (myself included) a sticky hot mess of an issue...which changes depending on how much shit I have gotten served that day, week, year, how horny I am , and the partner in question. HOWEVER< condoms ALWAYS apply. thanks for reading. z
Title: Re: The crime of non-disclosure - a new thread.
Post by: Ann on August 27, 2010, 11:35:54 am

I didn't see the locked thread.  So I certainly didn't create a flame war there, and am not inviting one here.

What, you didn't see a thread you posted in over thirty times? Now I understand some of your responses - you don't read what you're responding to cuz you got your eyes closed or summat.


Most people here know my stance on the criminalisation of hiv - it's criminal. The laws, that is. It's a bad idea on so many levels.

While it feels like beating a dead horse to many here, it's new territory for many as well. So have at it - and I say that with some reluctance.

To agree to having unprotected anal or vaginal intercourse is to agree to the possibility of being infected with hiv or any other STI. It's your body, it's your responsibility, so forget about prosecuting the other person for what is essentially your own mistake.
Title: Re: The crime of non-disclosure - a new thread.
Post by: mecch on August 27, 2010, 01:04:33 pm
What, you didn't see a thread you posted in over thirty times? Now I understand some of your responses - you don't read what you're responding to cuz you got your eyes closed or summat.

Someone here referred to a thread of "a week ago" that was locked. As Hellraiser also confirmed, we didnt think of this one that started a few months ago.  I hadn't returned to that thread after it started going down hill.  AND i repeat, I don't flame.

Ann, I read what I write and I don't need you, a moderator, "mobbing" on me as well.  Stop it.
Title: Re: The crime of non-disclosure - a new thread.
Post by: Ann on August 27, 2010, 01:22:29 pm
Ann, I read what I write and I don't need you, a moderator, "mobbing" on me as well.  Stop it.

I didn't say you don't read what you write, I said you don't read what you're responding to. And I'm not mobbing on you. As if.
Title: Re: The crime of non-disclosure - a new thread.
Post by: Rev. Moon on August 27, 2010, 03:04:58 pm
Draaaaahhhma llama! 

The Academy Awards are still six months away. Chill out.
Title: How Non-Disclosure of poz status, before sex, can be a crime in some areas
Post by: Joe K on August 27, 2010, 04:15:41 pm
I think this thread could have been very effective, if it was titled correctly. Non-disclosure of being HIV+ has almost no bearing on anything, until it involves personal contact with another person. By titling the thread as "The crime of non-disclosure" it implies that all non-disclosure is a crime and my first reaction was WTF? Even after reading the OPs source, while I understood the nature of the thread, the title remains an insult to poz people everywhere.

Ah, three such very unhopeful responses.

If it's not for you, don't come back here.

I posted it to give information for people more naive about the issue then yourselves. I didn't insult anyone. The German story is very much in the news.

P.S. if its in the wrong section, the moderators can move it. Keep your vulgar mouth to yourself, MTD.  

I submit, that you have insulted members of this forum, as evidenced by some of the responses you received. You may not think you insulted anyone, but you did and while I am sure it was unintentional, the fact remains that you insulted some members. Your failure to acknowledge this issue, just furthers hard feelings amongst members, because we are supposed to be sensitive towards each other. Your cavalier dismissal of the feelings, that this thread generated, coupled with the incorrect title, have served to once again bring hurt to some members, while diluting any initial message beyond being effective.

Edited to add: Please notice the title I chose for this thread, as shown above. Do you think members would have responded the same way, to that title?
Title: Re: The crime of non-disclosure - a new thread.
Post by: Boze on August 27, 2010, 05:14:26 pm
For the record, I will not argue my position here :)

Texas dude - all I did was pipe up in defense of someone who was trying to help you out. If I wanted to insult you, I would have 50 different ways of doing that. But I'm a peaceful dude and have no bone to pick.
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: mecch on August 27, 2010, 05:15:31 pm
Killfollie,
I dont mind in the least changing the title. I didn't even know it was possible, after the fact.
Is this one better?
If my wording confused you and or offended you, or anyone, I'm sorry. 
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: mecch on August 27, 2010, 05:18:02 pm
Actually I was not inspired by the texas newbie, specifically, to write this post, since I posted the information in his thread.  Sorry Texas Stud, it certainly is not me singling you out.

I was inspired by the topic coming up in a number of different threads here, and this weeks news stories about the prosecutions. 
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: leatherman on August 28, 2010, 12:45:54 pm
for more information/research, aidsmap.com has a lengthy section about "HIV and the Criminal Law" (http://www.aidsmap.com/law) that touches on many of the issues, from this thread, in the US and around the world
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: Stanley5739 on August 29, 2010, 08:01:58 pm
With some trepidation, I will speak up as a newbie that this thread and having these links is useful.  I guess I could focus my research on the topic and found them but the fact is that the Living With HIV forum is where I routinely go for information that may be useful, comforting or sobering.  And there is a lot, so very much, I am still processing and re-processing.  So I am not not the Jedi master that so many here are.  I have seen articles and blogs from time to time but having these sources and being reminded of these sources is just information.  It seemed that was the spirit in starting this thread.  I may never, ever be in the situation again where disclosure is a step/issue/worry, but the topic is a reality and I don't see ill will or stupidity as reminding newbies that it's there.

Okay, now I will start to put on my heat-resistant suit.
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: Matty the Damned on August 29, 2010, 08:13:28 pm
Okay, now I will start to put on my heat-resistant suit.

Nope. You're gonna have to do better than that if you wanna get flamed around these here parts. :P

MtD
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: tednlou2 on September 01, 2010, 11:39:02 pm
I didn't want to create a new thread for this as there seem to be so many lately.  I was just reading that an Air Force Sergeant was arrested for allegedly exposing several people to the virus at swinger parties.  I thought all military members were tested every 6 months and if you were poz, you could no longer serve.  Maybe I'm mistaken.  The article didn't say he was a former member of the military.  It would be good to hear more details about this.

http://www.poz.com/articles/HIV_sergeant_swingers_1_19027.shtml
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: Matty the Damned on September 02, 2010, 12:24:27 am
I didn't want to create a new thread for this as there seem to be so many lately.  I was just reading that an Air Force Sergeant was arrested for allegedly exposing several people to the virus at swinger parties.  I thought all military members were tested every 6 months and if you were poz, you could no longer serve.  Maybe I'm mistaken.  The article didn't say he was a former member of the military.  It would be good to hear more details about this.

http://www.poz.com/articles/HIV_sergeant_swingers_1_19027.shtml

(http://tool.shagnasty.net/wiki/images/f/fb/AIDSflu.jpg)

MtD
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: tednlou2 on September 02, 2010, 12:29:29 am
(http://tool.shagnasty.net/wiki/images/f/fb/AIDSflu.jpg)

MtD

Very true it seems.  Is that a real pic of those a-holes?
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: Matty the Damned on September 02, 2010, 12:32:09 am
Very true it seems.  Is that a real pic of those a-holes?

I can't tell Teddy. The masks seem to be covering their assholes. o.O

Which assholes do you mean?

MtD
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: Miss Philicia on September 02, 2010, 12:41:59 am
Very true it seems.  Is that a real pic of those a-holes?

OLD NEWS
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: tednlou2 on September 02, 2010, 12:43:09 am
I can't tell Teddy. The masks seem to be covering their assholes. o.O

Which assholes do you mean?

MtD

Isn't that Heidi and Spencer?  Looks like them.  
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: Rev. Moon on September 02, 2010, 12:59:31 am
Isn't that Heidi and Spencer?  Looks like them.  

It is them two. That pic was a while ago. I believe they're not even together anymore?
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: skeebo1969 on September 02, 2010, 01:18:48 am


  Yummmm Heidi's got issues.. skeebo likes girls with issues.
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: Matty the Damned on September 02, 2010, 01:32:09 am

skeebo likes girls with issues.

. . . and other things too, I'm told. :)

MtD
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: skeebo1969 on September 02, 2010, 01:34:46 am
. . . and other things too, I'm told. :)

MtD

with crackers...
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: Hellraiser on September 02, 2010, 01:48:17 am
It is them two. That pic was a while ago. I believe they're not even together anymore?

OMG, Shoes!
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: skeebo1969 on September 02, 2010, 01:49:38 am
OMG, Shoes!

You lost me...
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: Hellraiser on September 02, 2010, 01:51:48 am
You lost me...

http://www.youtube.com/watch?v=wCF3ywukQYA

Rev's avatar picture
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: mecch on September 02, 2010, 07:18:27 am
http://www.youtube.com/watch?v=3r088DwXGBE&p=75668CBD6A342880&playnext=1
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: skeebo1969 on September 02, 2010, 12:50:40 pm
http://www.youtube.com/watch?v=wCF3ywukQYA

Rev's avatar picture

Trey I want my two minutes backl....
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: Hellraiser on September 02, 2010, 01:18:26 pm
Trey I want my two minutes backl....

No sir, you're going to get your gay education one way or another even if I have to spoonfeed it to you.

next up...

Leslie Hall, "This is How We Go Out"

http://www.youtube.com/watch?v=i8WoyPEVRFo
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: tednlou2 on September 03, 2010, 03:15:43 am
POZ Magazine founder, Sean Strub, talks about the legal issues with disclosure in this video interview.  He talks about being able to prove you disclosed.  With people serving what could be basically life sentences for spitting on someone or sex with a condom, I'm starting to think my idea (not mine alone) about video taping the disclosure isn't a bad idea.

http://www.thebody.com/content/art58262.html
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: bocker3 on September 03, 2010, 07:40:04 am
I thought all military members were tested every 6 months and if you were poz, you could no longer serve.  Maybe I'm mistaken. 

You are mistaken.  If you test positive while in the service, you are barred from serving outside the US, but you can continue in the military.  You can NOT, however, join the military if poz.

Mike
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: foreveryoung79 on September 09, 2010, 04:46:04 pm
i didnt read all the posts cuz they were too long, but i must say this. weather you feel like a criminal or not has no bearing on being hauled away to jail. im a newby here and this is a very good thread (apart from the angry people who dont want it up). well news for you i needed this info. i was just diagnosed, and afterwards i went and hooked up with this dude thru craigslist (am i allowed to reference other websites here?). we used protection so i didnt think it was a big deal cuz i wasnt putting him at risk then he found one of my profiles on a hook up site that i sometimes use and it lists me as poz. so he texted me all freaked out and asked why i didnt tell him. i appologised but i knew he wasnt put at risk so i didnt really think about it again. until i heard about criminal law suits being filed for the same thing i did. needless to say im not sure if i should contact him and reappologise and make sure were cool or forget about it and just hope that a cop never shows up asking for me.
so ya see its VERY important to those of us newbies who dont wanna go to jail. now any advice please?
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: mecch on September 09, 2010, 06:06:02 pm
so ya see its VERY important to those of us newbies who dont wanna go to jail. now any advice please?

Glad you found the thread useful!

I suppose I can only offer advice on your fear of being arrested. That would be of course to inform yourself on the laws in the state in which you are having sex.  Then make an informed decision on your disclosure practices.

______
(The question of whether to disclose or not - as pertains to your own morality - is up to you and another topic for another thread. There are lots of them here.  ::)

As for the specific instance you presented, I wouldn't contact him again.  No more "apology" needed.  If a similar situation presented again in the future, I think its a good idea to lower the hysteria and emotional outrage, and not be confrontational, but simply acknowledge the persons fear and claim there was no risk and give the person a suggestion how to look up such information him/herself for reassurance."

Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: newt on September 09, 2010, 06:29:35 pm
And people might like to write a few letters to senator, local politicians and the like about the injustice of HIV exposure and transmission laws, and the disproportionate sentences handed down by judges etc.

Or are we all gonna hide in the HIV criminalisation/disclosure closet?

Advocacy and change begins at home, in yer bedroom, in yer local park etc.

- matt
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: tednlou2 on September 09, 2010, 10:53:15 pm
i didnt read all the posts cuz they were too long, but i must say this. weather you feel like a criminal or not has no bearing on being hauled away to jail. im a newby here and this is a very good thread (apart from the angry people who dont want it up). well news for you i needed this info. i was just diagnosed, and afterwards i went and hooked up with this dude thru craigslist (am i allowed to reference other websites here?). we used protection so i didnt think it was a big deal cuz i wasnt putting him at risk then he found one of my profiles on a hook up site that i sometimes use and it lists me as poz. so he texted me all freaked out and asked why i didnt tell him. i appologised but i knew he wasnt put at risk so i didnt really think about it again. until i heard about criminal law suits being filed for the same thing i did. needless to say im not sure if i should contact him and reappologise and make sure were cool or forget about it and just hope that a cop never shows up asking for me.
so ya see its VERY important to those of us newbies who dont wanna go to jail. now any advice please?

As a legal matter, I would not say anything in the form of an apology that could be used against you.  Now, that might not be the moral thing to do, but with all these prosecutions, you would be better served to not say anything that could be used against you.
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: jkinatl2 on September 09, 2010, 11:26:59 pm
i didnt read all the posts cuz they were too long

I am sorry, I did not read further than this line, because it was too long. I strongly suspect that the information you seek, or at least links to it, are found in one of the messages you skipped.

It is a shame that one of your first acts upon entering this forum is to critique the members and it's threads, especially a thread in which you seem to have actual personal investment.

Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: tednlou2 on September 10, 2010, 01:14:17 am
I am sorry, I did not read further than this line, because it was too long. I strongly suspect that the information you seek, or at least links to it, are found in one of the messages you skipped.

It is a shame that one of your first acts upon entering this forum is to critique the members and it's threads, especially a thread in which you seem to have actual personal investment.



I'm giving him the benefit of the doubt that he didn't mean it that way.  Maybe he meant he was really busy at work when reading this and the posts were too long to read all them now but he'll read them later???  Sometimes people can say things that don't come out the way they meant.  But, maybe he meant it exactly like he said it.   
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: Joe K on September 10, 2010, 12:20:59 pm
i didnt read all the posts cuz they were too long, but i must say this. weather you feel like a criminal or not has no bearing on being hauled away to jail. im a newby here and this is a very good thread (apart from the angry people who dont want it up). well news for you i needed this info. i was just diagnosed, and afterwards i went and hooked up with this dude thru craigslist (am i allowed to reference other websites here?). we used protection so i didnt think it was a big deal cuz i wasnt putting him at risk then he found one of my profiles on a hook up site that i sometimes use and it lists me as poz. so he texted me all freaked out and asked why i didnt tell him. i appologised but i knew he wasnt put at risk so i didnt really think about it again. until i heard about criminal law suits being filed for the same thing i did. needless to say im not sure if i should contact him and reappologise and make sure were cool or forget about it and just hope that a cop never shows up asking for me.
so ya see its VERY important to those of us newbies who dont wanna go to jail. now any advice please?

The only advice I have for you is to read an entire thread, before you slam the people posting in it. Nobody has a problem with disclosure issues being discussed, but we do have a problem when they are done incorrectly or in a hurtful fashion. If you had bothered to read the thread, you would see that the issue was with HOW the information was presented, which was essentially that non-disclosure of your status was illegal and that is simply not true. The thread has since been retitled, to accurately reflect the topic at hand, because our issue with the original post was it implied that non-disclosure of status was criminal, period. Not that non-disclosure of your status, prior to sex, can be criminal depending upon where you live.

Now do you see how your comments were unwarranted? I hope so. Water under the bridge and welcome to the forums.
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: skeebo1969 on September 10, 2010, 04:42:40 pm


 (Mechh)
(http://foohack.com/blog/wp-content/uploads/2008/01/victor-frankenstein.jpg)


 (Thread)
(http://www.fullhalloween.com/blog/wp-content/uploads/2008/10/frankenstein-halloween-monster.jpg)
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: mecch on September 10, 2010, 06:27:13 pm
LOL
How very Swissappropriate.  I know a lot of monsters in Geneva (and I've created none of them!).
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: mpositive on September 14, 2010, 07:00:58 am
Not sure I understand why everyone is attacking each other about this thread....as to whether or not it should have been posted.  Everyone has the freedom to read something or not.  I appreciate pretty much every thread on these forums, regardless of whether or not I agree with there theme. The only time I would want a post censored is if it is aimed at attacking an individual or group. 
Personally, I would not have sex without disclosing, but that is my choice.  That being said, folks, either read this or ignore it.  Much love and respect to all......
Mpositive
Title: Re: Some states prosecute non-disclosure of HIV during sex. Know your risks.
Post by: dixieman on September 14, 2010, 04:38:29 pm
I just wanted to say... I think this thread is appropriate... although the issue is something I'd rather not want to think about... but, Ignorance to the laws being passed in tthe United States and countries all over the world... I am thankful for the Links  posted by other members... for Information! This is one reason that I only date? poz men... unfortunately few if any around my area are what I'm seeking? so
I only have sex with myself? and no... I am not willing to disclose to myself either...lol it would be nice to have a another hiv+ infected partner in my life... until then its just me??? life goes on...