Quantcast

Subscribe to:
POZ magazine
E-newsletters
Join POZ: Facebook MySpace Twitter Pinterest
Tumblr Google+ Flickr MySpace
POZ Personals
Sign In / Join
Username:
Password:
Welcome, Guest. Please login or register.
April 18, 2014, 11:24:02 PM

Login with username, password and session length


Members
Stats
  • Total Posts: 620323
  • Total Topics: 46737
  • Online Today: 254
  • Online Ever: 585
  • (January 07, 2014, 02:31:47 PM)
Users Online

Welcome


Welcome to the POZ/AIDSmeds Community Forums, a round-the-clock discussion area for people with HIV/AIDS, their friends/family/caregivers, and others concerned about HIV/AIDS.  Click on the links below to browse our various forums; scroll down for a glance at the most recent posts; or join in the conversation yourself by registering on the left side of this page.

Privacy Warning:  Please realize that these forums are open to all, and are fully searchable via Google and other search engines. If you are HIV positive and disclose this in our forums, then it is almost the same thing as telling the whole world (or at least the World Wide Web). If this concerns you, then do not use a username or avatar that are self-identifying in any way. We do not allow the deletion of anything you post in these forums, so think before you post.

  • The information shared in these forums, by moderators and members, is designed to complement, not replace, the relationship between an individual and his/her own physician.

  • All members of these forums are, by default, not considered to be licensed medical providers. If otherwise, users must clearly define themselves as such.

  • Forums members must behave at all times with respect and honesty. Posting guidelines, including time-out and banning policies, have been established by the moderators of these forums. Click here for “Am I Infected?” posting guidelines. Click here for posting guidelines pertaining to all other POZ/AIDSmeds community forums.

  • We ask all forums members to provide references for health/medical/scientific information they provide, when it is not a personal experience being discussed. Please provide hyperlinks with full URLs or full citations of published works not available via the Internet. Additionally, all forums members must post information which are true and correct to their knowledge.

  • Product advertisement—including links; banners; editorial content; and clinical trial, study or survey participation—is strictly prohibited by forums members unless permission has been secured from POZ.

To change forums navigation language settings, click here (members only), Register now

Para cambiar sus preferencias de los foros en español, haz clic aquí (sólo miembros), Regístrate ahora

Finished Reading This? You can collapse this or any other box on this page by clicking the symbol in each box.

Author Topic: Plainfield man arrested on HIV exposure charge  (Read 2428 times)

0 Members and 1 Guest are viewing this topic.

Offline newt

  • Member
  • Posts: 3,868
  • the one and original newt
Plainfield man arrested on HIV exposure charge
« on: October 02, 2008, 07:33:31 PM »
you godda scream at this combination of the law's finest hour, them boys in blue (or green or whatever they have in the fields), 3rd party gossp n dimbos cruising online

--

http://www.chicagotribune.com/news/chi-ap-ia-hivarrest,0,1876401.story

CEDAR FALLS, Iowa - A Plainfield man has been charged with allegedly exposing another person to the virus that causes AIDS.

Thirty-four-year-old Nick Rhoades is charged with criminal transmission of HIV. He was arrested on Monday at University Hospitals in Iowa City.

Police say Rhoades met a Cedar Falls man online and then traveled to the man's home on June 26 where they had intimate contact. Police say the man later learned from a friend that Rhoades has HIV. <<  No I didn't miss off the +

Police did not say whether the man was infected with the virus.

--

- matt
"The object is to be a well patient, not a good patient"

Online GSOgymrat

  • Member
  • Posts: 4,960
  • HIV+ since 1993. INTJ
Re: Plainfield man arrested on HIV exposure charge
« Reply #1 on: October 02, 2008, 10:13:25 PM »
Someone please remind me to bring a disclosure statement and a notary next time I want to have sex.

Offline mecch

  • Member
  • Posts: 10,732
  • red pill? or blue pill?
Re: Plainfield man arrested on HIV exposure charge
« Reply #2 on: October 03, 2008, 04:29:01 AM »
Wouldn't want to live in one of those states. But I'm told I live in one of those countries!!! But now our law takes into account if there is transmission, or not, and HIV viral load....  All too f*ing complicated.

Laws requiring HIV+ status disclosure to sex partners - some studies have shown such laws don't prevent transmission, don't change risk behaviours, don't encourage HIV testing, don't improve health education, and DO increase stigma against HIV+ people.

Does the Iowa law require disclosure before sex? Or does the Iowa law say its illegal if there is sex and HIV transmission without pre-sex disclosure? 

Too many unanswered questions in the article.

(I understood the lesson about "I am HIV" being riduculous.  But what's so off about "I have HIV" versus "I am HIV+"?)  
« Last Edit: October 03, 2008, 04:36:51 AM by mecch »
“From each, according to his ability; to each, according to his need” 1875 K Marx

Offline AndyArrow

  • Member
  • Posts: 1,196
Re: Plainfield man arrested on HIV exposure charge
« Reply #3 on: October 03, 2008, 04:32:52 AM »
I'm not saying I necessarily agree with the arrest but part of that story was missing from the Chicago Tribune story.  The Waterloo-Cedar Falls Courier also had this paragraph:

Cedar Falls police arranged for the victim to contact Rhoades again by phone on July 10, where Rhoades admitted he was HIV positive. He admitted it again during an interview with police on July 14, according to court documents. He also admitted that he didn’t tell the victim he was HIV positive during their initial contact.

AA
It is not the arrival that matters.  It is the journey along the way. -- Michel Montaigne

Offline mecch

  • Member
  • Posts: 10,732
  • red pill? or blue pill?
Re: Plainfield man arrested on HIV exposure charge
« Reply #4 on: October 03, 2008, 04:44:42 AM »
answered my own questions, see below.... :'(
« Last Edit: October 03, 2008, 04:56:44 AM by mecch »
“From each, according to his ability; to each, according to his need” 1875 K Marx

Offline mecch

  • Member
  • Posts: 10,732
  • red pill? or blue pill?
Re: Plainfield man arrested on HIV exposure charge
« Reply #5 on: October 03, 2008, 04:48:23 AM »
For those who don't already know, there's a great blog about criminal transmission by Edwin J Bernard

http://criminalhivtransmission.blogspot.com/

the iowa entry here:
http://criminalhivtransmission.blogspot.com/search/label/Iowa

I think its a fascinating topic.

Answering my own question, OH MY, the Iowa law is BAIT AND SWITCH justice:

"4.  This section shall not be construed to require that an infection with the human immunodeficiency virus has occurred for a person to have committed criminal transmission of the human immunodeficiency virus."

So ick, this poor Iowa HIV+ fellow commits "criminal transmission" even if there is no transmission....

What the f**k!   "What's the Frequency, Kenneth"?

Many thanks again to the creators of this site and others like it, and to all those who contribute such varied experiences - good and bad.  I'm stupified how much I have to learn. Baby steps required - I will go thrift shopping now - change my mood - this story is so discouraging. Is knowledge power?

Have a nice day.  8)
« Last Edit: October 03, 2008, 05:09:08 AM by mecch »
“From each, according to his ability; to each, according to his need” 1875 K Marx

Offline komnaes

  • Member
  • Posts: 1,893
Re: Plainfield man arrested on HIV exposure charge
« Reply #6 on: October 03, 2008, 05:58:35 AM »
Someone please remind me to bring a disclosure statement and a notary next time I want to have sex.

Just do it in a sauna's dark room so no one will recognize you.. ;)

Seriously though, that's the reason why I am sticking with other pozzies.

And of cos there are studies saying that this type of laws doesn't work, and you know what solution they'd come up with? That's being considered in Singapore - that's not enough to just make sure all of us to disclose, it should also include people that should have known (i.e. have a history of risky behaviors but never tested) that they could be HIV to warn their partners.

It's not that far from tattooing all of us..
Aug 07 Diagnosed
Oct 07 CD4=446(19%) Feb 08 CD4=421(19%)
Jun 08 CD4=325(22%) Jul 08 CD4=301(18%)
Sep 08 CD4=257/VL=75,000 Oct 08 CD4=347(16%)
Dec 08 CD4=270(16%)
Jan 09 CD4=246(13%)/VL=10,000
Feb 09 CD4=233(15%)/VL=13,000
Started meds Sustiva/Epzicom
May 09 CD4=333(24%)/VL=650
Aug 09 CD4=346(24%)/VL=UD
Nov 09 CD4=437(26%)/VL=UD
Feb 10 CD4=471(31%)/VL=UD
June 10 CD4=517 (28%)/VL=UD
Sept 10 CD4=687 (31%)/VL=UD
Jan 11 CD4=557 (30%)/VL=UD
April 11 CD4=569 (32%)/VL=UD
Switched to Epizcom, Reyataz and Norvir
(Interrupted for 2 months with only Epizcom & Reyataz)
July 11 CD=520 (28%)/VL=UD
Oct 11 CD=771 (31%)/VL=UD(<30)
April 12 CD=609 (28%)/VL=UD(<20)
Aug 12 CD=657 (29%)/VL=UD(<20)
Dec 12 CD=532 (31%)/VL=UD(<20)
May 13 CD=567 (31%)/VL=UD(<20)
Jan 14 CD=521 (21%)/VL=UD(<50)

Offline emeraldize

  • Member
  • Posts: 3,260
Re: Plainfield man arrested on HIV exposure charge
« Reply #7 on: October 03, 2008, 06:57:53 AM »
Someone please remind me to bring a disclosure statement and a notary next time I want to have sex.

A couple of years ago, through one of the poz dating sites, I chatted online with a poz attorney who does just that. He has a disclosure form that a woman must sign if they have any sexual relations. I've never heard of anyone else doing that, but he say it works for him.

Offline Ann

  • Administrator
  • Member
  • Posts: 27,947
  • It just is, OK?
    • Num is sum qui mentiar tibi?
Re: Plainfield man arrested on HIV exposure charge
« Reply #8 on: October 03, 2008, 09:06:47 AM »
A couple of years ago, through one of the poz dating sites, I chatted online with a poz attorney who does just that. He has a disclosure form that a woman must sign if they have any sexual relations. I've never heard of anyone else doing that, but he say it works for him.

So instead of a "pre-nup", he has women sign a "pre-fuck". Interesting.

I'm currently with another poz and life is so much easier now (in many, many ways) than it was when I was in a SD relationship.

And yeah, what the hell is this crap in Iowa where they can charge you for criminal transmission when no transmission has taken place? That's like charging someone for theft just because they picked an item up off the shelf in a shop and put it back down again. Well, you might have stolen it! Crickey.

I'd also like to know exactly what they mean by "intimate contact". That could be anything from a chaste hug to a no-holds-barred, dirty monkey bareback fuckfest. I mean, come on. We see enough people in the Am I forum worried about mutual jackoff situations.... maybe the Iowa State Legislature needs to read this forum.

Makes my head spin.

Ann
Condoms are a girl's best friend

Condom and Lube Info  



"...health will finally be seen not as a blessing to be wished for, but as a human right to be fought for." Kofi Annan

Nymphomaniac: a woman as obsessed with sex as an average man. Mignon McLaughlin

HIV is certainly character-building. It's made me see all of the shallow things we cling to, like ego and vanity. Of course, I'd rather have a few more T-cells and a little less character. Randy Shilts

Offline komnaes

  • Member
  • Posts: 1,893
Re: Plainfield man arrested on HIV exposure charge
« Reply #9 on: October 03, 2008, 12:09:49 PM »
That could be anything from a chaste hug to a no-holds-barred, dirty monkey bareback fuckfest...

Sorry I have to laugh when I saw this.. ;D

Ann, you're amazing and we all love you for this..
Aug 07 Diagnosed
Oct 07 CD4=446(19%) Feb 08 CD4=421(19%)
Jun 08 CD4=325(22%) Jul 08 CD4=301(18%)
Sep 08 CD4=257/VL=75,000 Oct 08 CD4=347(16%)
Dec 08 CD4=270(16%)
Jan 09 CD4=246(13%)/VL=10,000
Feb 09 CD4=233(15%)/VL=13,000
Started meds Sustiva/Epzicom
May 09 CD4=333(24%)/VL=650
Aug 09 CD4=346(24%)/VL=UD
Nov 09 CD4=437(26%)/VL=UD
Feb 10 CD4=471(31%)/VL=UD
June 10 CD4=517 (28%)/VL=UD
Sept 10 CD4=687 (31%)/VL=UD
Jan 11 CD4=557 (30%)/VL=UD
April 11 CD4=569 (32%)/VL=UD
Switched to Epizcom, Reyataz and Norvir
(Interrupted for 2 months with only Epizcom & Reyataz)
July 11 CD=520 (28%)/VL=UD
Oct 11 CD=771 (31%)/VL=UD(<30)
April 12 CD=609 (28%)/VL=UD(<20)
Aug 12 CD=657 (29%)/VL=UD(<20)
Dec 12 CD=532 (31%)/VL=UD(<20)
May 13 CD=567 (31%)/VL=UD(<20)
Jan 14 CD=521 (21%)/VL=UD(<50)

Offline Buckmark

  • Member
  • Posts: 1,475
  • Would you like to tie me up with your ties, Ty?
    • Henry's Home Page
Re: Plainfield man arrested on HIV exposure charge
« Reply #10 on: October 03, 2008, 05:40:30 PM »
Someone please remind me to bring a disclosure statement and a notary next time I want to have sex.

Sadly, I've often thought the same thing -- so much for spontaneity.   ::)

I can't recall someone being arrested and charged with exposing someone to other potentially deadly infectious diseases like Hep-C or TB.  A google search turned up nothing on the latter, but plenty of examples of folks being arrested for exposing another to HIV. 

The more I think about it, the more angry I become.  And we wonder why there is stigma?  These laws certainly haven't prevented the spread of HIV.

Regards,

Henry
"Life in Lubbock, Texas, taught me two things:
     One is that God loves you and you're going to burn in hell.
     The other is that sex is the most awful, filthy thing on earth and you should save it for someone you love."
- Butch Hancock, Musician, The Flatlanders

Offline marky

  • Member
  • Posts: 23
Re: Plainfield man arrested on HIV exposure charge
« Reply #11 on: October 04, 2008, 12:06:07 AM »
For those who are interested here is the law and the definition of "Intimate Contact" in iowa: 
A person commits criminal transmission of HIV if the person, knowing of his or her HIV positive status: engages in intimate contact with another person; transfers, donates or provides blood, tissue, semen, organs, or other potentially infectious bodily fluids for administration (e.g., transfusion) to another person; or in any way transfers to another person any nonsterile intravenous or intramuscular drug paraphernalia previously used by the person infected with HIV. “Intimate contact” means the intentional exposure of the body of one person to a bodily fluid of another person in a manner that could result in the transmission of HIV. Actual transmission of HIV is not a necessary element of this crime. It is an affirmative defense that the person exposed to HIV knew of the other person's HIV positive status, knew that the action of exposure could result in transmission of HIV, and consented to the action of exposure with that knowledge.

So, it you have to show "intent" and that your body fluid can result in transmission.  I guess if you bottom your off the hook? LOL......

For those that want a link to ALL states HIV criminal transmission laws go to http://www.lambdalegal.org/our-work/publications/general/state-criminal-statutes-hiv.htm

Offline schnitzer

  • Member
  • Posts: 43
Re: Plainfield man arrested on HIV exposure charge
« Reply #12 on: October 04, 2008, 11:02:23 AM »
Curious: has anyone ever been charged in a case of non-disclosure but protected using condoms?

Offline David_CA

  • Member
  • Posts: 3,232
  • Joined: March 2006
Re: Plainfield man arrested on HIV exposure charge
« Reply #13 on: October 04, 2008, 12:25:31 PM »
The Lambda link above didn't work for me.  This one does, though http://www.lambdalegal.org/our-work/publications/general/state-criminal-statutes-hiv.html

Catch this one (from Palin's home state of Alaska):  "...the defendant had been previously diagnosed as having or having tested positive for HIV, and the offense either (A) involved penetration, or (B) exposed the victim to a risk or a fear that the offense could result in the transmission of HIV."  I put the section I'm referencing in bold.  Who gets to decide if a fear that the offense could result in transmission?  You see all sorts of 'fears' in the AAI section. 

In Arkansas, one can be convicted of a felony "...by engaging in sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion..."  Is there no requirement for HIV transmission laws to be based on fact and science?

I'm glad to see that NC doesn't have any of these ignorance-based laws.

David
Black Friday 03-03-2006
03-23-06 CD4 359 @27.4% VL 75,938
06-01-06 CD4 462 @24.3% VL > 100,000
08-15-06 CD4 388 @22.8% VL >  "
10-21-06 CD4 285 @21.9% VL >  "
  Atripla started 12-01-2006
01-08-07 CD4 429 @26.8% VL 1872!
05-08-07 CD4 478 @28.1% VL 740
08-03-07 CD4 509 @31.8% VL 370
11-06-07 CD4 570 @30.0% VL 140
02-21-08 CD4 648 @32.4% VL 600
05-19-08 CD4 695 @33.1% VL < 48 undetectable!
08-21-08 CD4 725 @34.5%
11-11-08 CD4 672 @39.5%
02-11-09 CD4 773 @36.8%
05-11-09 CD4 615 @36.2%
08-19-09 CD4 770 @38.5%
11-19-09 CD4 944 @33.7%
02-17-10 CD4 678 @39.9%  
06-03-10 CD4 768 @34.9%
09-21-10 CD4 685 @40.3%
01-10-11 CD4 908 @36.3%
05-23-11 CD4 846 @36.8% VL 80
02-13-12 CD4 911 @41.4% VL<20
You must be the change you want to see in the world.  Mahatma Gandhi

Offline Ann

  • Administrator
  • Member
  • Posts: 27,947
  • It just is, OK?
    • Num is sum qui mentiar tibi?
Re: Plainfield man arrested on HIV exposure charge
« Reply #14 on: October 04, 2008, 11:19:23 PM »
Browsing through the Lambda list, I found that we pozzies cannot get married - we can't even get laid - in Oklahoma:

It is a felony for any person, after becoming infected with a venereal disease and before being pronounced cured by a physician in writing, to marry any other person or to expose any other person by the act of copulation or sexual intercourse to such venereal disease or to liability to contract the venereal disease. (“Venereal disease” is defined to include diseases which may be transmitted from one person to another through or by means of sexual intercourse and found and declared by medical science or accredited schools of medicine to be infectious or contagious).

FFS!

I suppose the liability  bit means something along the lines of "no, protected intercourse is out too, because condoms are liable  to break."

FFS!!!

Anybody here from Oklahoma?

 
« Last Edit: October 04, 2008, 11:21:20 PM by Ann »
Condoms are a girl's best friend

Condom and Lube Info  



"...health will finally be seen not as a blessing to be wished for, but as a human right to be fought for." Kofi Annan

Nymphomaniac: a woman as obsessed with sex as an average man. Mignon McLaughlin

HIV is certainly character-building. It's made me see all of the shallow things we cling to, like ego and vanity. Of course, I'd rather have a few more T-cells and a little less character. Randy Shilts

Offline J.R.E.

  • Member
  • Posts: 6,962
  • Joined Dec-2003 Living positive, since 1985.
Re: Plainfield man arrested on HIV exposure charge
« Reply #15 on: October 05, 2008, 06:02:05 AM »
Browsing through the Lambda list, I found that we pozzies cannot get married - we can't even get laid - in Oklahoma:

Anybody here from Oklahoma?



I would say that Oklahoma is not "OK"   >:(


Ray
Current Meds ; Viramune, Epzicom, 40mg of simvastatin, 12.5mg of Hydrochlorothiazide.
Metoprolol tartrate 25mg



http://forums.poz.com/index.php?topic=40802.0

http://forums.poz.com/index.php?topic=45159.0

http://forums.poz.com/index.php?topic=39722.msg495621;topicseen#msg495621

http://forums.poz.com/index.php?topic=46806.0

http://forums.poz.com/index.php?topic=39414.msg491701#msg491701


 In October of 2003, My t-cell count was 16, Viral load was over 500,000, Percentage at that time was 5%. I started my first  HAART regimen  on October 24th,03.

 As of DEC 9th, 2013,  t-cells are at 437 Viral load  <40 .

 Current % is at 16% (L)

  
 62 years young.

Offline mecch

  • Member
  • Posts: 10,732
  • red pill? or blue pill?
Re: Plainfield man arrested on HIV exposure charge
« Reply #16 on: October 05, 2008, 06:19:53 AM »
this thread is bringing me down....

[attachment deleted by admin]
“From each, according to his ability; to each, according to his need” 1875 K Marx

 


Terms of Membership for these forums
 

© 2014 Smart + Strong. All Rights Reserved.   terms of use and your privacy
Smart + Strong® is a registered trademark of CDM Publishing, LLC.