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Author Topic: Gay DJ put on house arrest for second HIV violation  (Read 23347 times)

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Offline Miss Philicia

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Gay DJ put on house arrest for second HIV violation
« on: October 23, 2008, 02:37:33 PM »
source

Gay DJ put on house arrest for second HIV violation
Raleigh man admits to failing to use condom
by Matt Comer | October 23rd, 2008


RALEIGH — A gay disc jockey in Raleigh originally convicted of violating HIV infection regulations in August has been placed on house arrest after admitting he broke probation orders in early October.

On Sept. 6, Q-Notes reported that Joshua Waldon Weaver, 23, who works in clubs in Raleigh and Wilmington, pleaded guilty to charges that he failed to disclose his HIV-positive status and engaged in unprotected sex with three people. Weaver was given a suspended jail sentence and placed on probation. The terms of his probation ordered Weaver to use protection when engaging in sexual activity.

About two weeks ago Weaver was arrested after Wake County Public Health officials contacted his probation officer with information that he had possibly violated court orders by having sex without a condom. Assistant District attorney Boz Zellinger told The News & Observer that health officials became aware of the DJ’s violation after he contracted another sexually transmitted disease that could have been prevented by the use of a condom.

Weaver could have faced 40 days in jail for his most recent violation, but District Court Judge Jacqueline Brewer instead sentenced him to six months of electronically-monitored house arrest. He will not be allowed to leave his father’s house except for probation-approved employment. Brewer also ordered Weaver to undergo a psychological evaluation.

If Weaver breaks his probation again, he will face up to 25 days in jail and prosecutors will ask for a two-year quarantine in a state prison hospital.

“His behavior hasn’t changed,” Zellinger told the Raleigh newspaper after the hearing. “We’re trying to address the callousness his actions have demonstrated.”

Zellinger added, “It’s not a witch hunt. It’s a desire to change his behavior to benefit the community.”

Weaver’s attorney, Evonne Hopkins, who declined to speak with Q-Notes for our original Sept. 6 story, said she’s “confident we will not be back here.”

“Josh is very sorry we’re back in court,” she said.

North Carolina Administrative Code 10-41 and North Carolina General Statute 130A-144(f) address control measures regarding the spread of HIV and require those with communicable diseases — including other sexually transmitted diseases, hepatitis and tuberculosis — to comply with measures intended to curb their proliferation.

Weaver is only the second Wake County resident in 15 years to be sentenced for failing to follow laws governing the transmission of communicable diseases, according to The News & Observer. In 2007, only 16 people statwide were convicted of violating the communicable disease law. Rather than HIV, many of the instances were related to diseases such as tuberculosis or hepatitis.
"I’ve slept with enough men to know that I’m not gay"

Offline Queen Tokelove

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #1 on: October 23, 2008, 09:59:42 PM »
Interesting. I am surprised they are not trying to slap him with attempted murder. I don't see how the ankle bracelet helps any. If he wants some ass, he is going to find a way to get it.
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Offline next2u

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #2 on: October 24, 2008, 10:21:07 AM »
wow. strange. conflicting. the other dude who was finding guys on craigslist and deliberately infecting them disgusted me. but i kinda feel bad for this  dj dude. like, yeah, he should have used a condom but some times people slip. and he shouldn't have been house arrested for having sex with other people - those others have a responsibility to protect themselves also. i mean, shouldnt there be some intent?

i wonder what the facts are in this case.
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Offline Moffie65

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #3 on: October 24, 2008, 10:37:16 AM »
This whole thing Philly, just make me want to puke. 

When are they going to start arresting people for not wearing their seat belts, being stupid in public, drinking at home, snorting anything fun, electing stupid people to government who cannot take responsibility for any thing they do, and so onn and so on? 

I wonder if the state is advocating condoms in school, and other public education locations?  Does the state provide condoms all over the place, or do they somehow forget that if there are laws about using protection, then they must provide such protection to the whole population to ensure compliance.

Shit this country is regressing more and more to the dark ages.  What a load of crap.

Edited because I had an additional thought.
« Last Edit: October 24, 2008, 10:40:28 AM by Moffie65 »
The Bible contains 6 admonishments to homosexuals,
and 362 to heterosexuals.
This doesn't mean that God doesn't love heterosexuals,
It's just that they need more supervision.
Lynn Lavne

Offline David_CA

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #4 on: October 24, 2008, 10:57:58 AM »
I've always wondered what is meant by 'unprotected sex'.  I know that it obiously implies that no condom was used, but was it oral sex (getting or giving) or anal (bottom or top)?  It certainly makes a difference in whether or not a person was really put at risk... sorta like waving a gun around in the air or pointing it directly at a person's head with the safety off and a finger on the trigger!  Also, there's a big risk difference between a person with a high viral load an an individual who's undetectable.  In some states' HIV regulations there appears to be no difference; any sort of sexual contact is legislated.  NC's statutes don't really differentiate between HIV and a few other diseases, TB for example.  On a 'positive' note, it doesn't appear that he punished too harshly compared to what he could have received. 
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Offline skeebo1969

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #5 on: October 24, 2008, 11:09:41 AM »
When are they going to start arresting people for not wearing their seat belts, 

  Here in Florida you get ticketed for doing so.  You can also choose  not to wear a helmet when you operate a motorcycle.   Should we seek to run them over because they are not protecting themselves?
I despise the song Love is in the Air, you should too.

Offline newt

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #6 on: October 24, 2008, 11:34:43 AM »
On this basis the DJ should get a ticket, since the risk of death or injury from HIV, counting acquisition as injury, is the same or perhaps a lower as for driving in the US. Or perhaps in reverse driving over the speed limit should get you 5 years in the slammer or sommat.

2001 - deaths in road accidents: 42,900, 90,000 injuries to pedesrians, 17,726 deaths among HIV+ folk, 39,262 new cases << prob should be a bit higher.

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

Offline RapidRod

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #7 on: October 24, 2008, 12:57:20 PM »
And people wonder why we can't get a control on the spread of HIV when you have some positive folks with thoughts that it's okay to spread HIV around.

Offline jkinatl2

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #8 on: October 24, 2008, 01:02:32 PM »
And people wonder why we can't get a control on the spread of HIV when you have some positive folks with thoughts that it's okay to spread HIV around.

Where, exactly, do you see that? Please direct me to the post.

"Many people, especially in the gay community, turn to oral sex as a safer alternative in the age of AIDS. And with HIV rates rising, people need to remember that oral sex is safer sex. It's a reasonable alternative."

-Kimberly Page-Shafer, PhD, MPH

Welcome Thread

Offline RapidRod

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #9 on: October 24, 2008, 01:14:42 PM »
Reread some of your posts jk. You don't see it as a problem to KNOWNLY transmit HIV to others. You don't see where the positive person should be held accountable.  I see it as a big problem if HIV positive people are not going to see a problem with it.

Offline jkinatl2

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #10 on: October 24, 2008, 01:50:23 PM »
Reread some of your posts jk. You don't see it as a problem to KNOWNLY transmit HIV to others. You don't see where the positive person should be held accountable.  I see it as a big problem if HIV positive people are not going to see a problem with it.

This is not only utterly untrue, it is flamebaiting.

"Many people, especially in the gay community, turn to oral sex as a safer alternative in the age of AIDS. And with HIV rates rising, people need to remember that oral sex is safer sex. It's a reasonable alternative."

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Welcome Thread

Offline RapidRod

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #11 on: October 24, 2008, 02:01:50 PM »
It was not to be taken as flame baiting and I'm sorry if you do. If people read your replies you give them that opinion that the positive person is not at fault and shouldn't be held accountable.

Offline Moffie65

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #12 on: October 24, 2008, 03:07:41 PM »
Rod, you now have probably implicated most of the LTS on this board.  Take me away, lock me up, I knowingly had unprotected sex with many men in 1984, and they me. 

Have a nice arguement with yourself, because JK has always stated emphatically that  infection is always, and always has been a two way street.  The responsibilty lies with both parties, period!  If a person is HIV-, only they have the power to keep themselves that way, and to place the burden of responsibility for their status to the HIV+ person is unequivically insane.  Nobody can personally take the responsibility for another persons life and life decisions, they are ours and ours alone.
The Bible contains 6 admonishments to homosexuals,
and 362 to heterosexuals.
This doesn't mean that God doesn't love heterosexuals,
It's just that they need more supervision.
Lynn Lavne

Offline skeebo1969

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #13 on: October 24, 2008, 03:38:17 PM »
Rod, you now have probably implicated most of the LTS on this board.  Take me away, lock me up, I knowingly had unprotected sex with many men in 1984, and they me. 

Have a nice arguement with yourself, because JK has always stated emphatically that  infection is always, and always has been a two way street.  The responsibilty lies with both parties, period!  If a person is HIV-, only they have the power to keep themselves that way, and to place the burden of responsibility for their status to the HIV+ person is unequivically insane.  Nobody can personally take the responsibility for another persons life and life decisions, they are ours and ours alone.

  What I find insane is that a person who seeks to infect others should not be held accountable.  Accountability will be assumed when they (negative party) picks up their positive status... When they come here blaming the other party then we can slap them around and make them feel awful for not using condoms to begin with..  See it works itself out in the end.

  Damn I almost get the sense here that some of us are bitter that we might just have to use condoms on ourselves to prevent others from getting it. 

  I also think having unprotected sex back in 1984 where many of us were unaware of our status or HIV for that matter, is a poor example as opposed to some guy who has already had his hand slapped in 2008 for having unprotected sex while knowing he is positive... not to mention he continues to do so.  Hell he even picked up additional baggage (STD) whilst breaking his terms of probation.
I despise the song Love is in the Air, you should too.

Offline BT65

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #14 on: October 24, 2008, 03:44:39 PM »
I agree with Daddy Tim.  Infection is a two-way street.  Pretty soon no one will have to take responsibility for anything that happens to them-they will be able to blame another person.  Sort of like a perpetual and continual victim.  I get really tired of people saying they are the way they are because it's someone else's fault.  Bleh.
I've never killed anyone, but I frequently get satisfaction reading the obituary notices.-Clarence Darrow

Offline SteveA

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #15 on: October 24, 2008, 04:52:20 PM »
What isn't mentioned in that article is whether or not the person the DJ had unprotected sex with was already HIV+ or not. Many HIV+ people choose to have unprotected sex with other HIV+ people. I'm not saying it's right or smart, but there's certainly no chance of infecting someone who's already infected except for this case where the DJ actually caught a different STD from his partner. Should THAT person be arrested also for transmitting a disease? Tit for Tat don't you think?

Offline jkinatl2

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #16 on: October 24, 2008, 04:57:21 PM »
It was not to be taken as flame baiting and I'm sorry if you do. If people read your replies you give them that opinion that the positive person is not at fault and shouldn't be held accountable.

If by "people" you mean others besides yourself, I would be thrilled if these "people" came out of the woodwork and accused me of the same thing.

You have seen my posts in this and other threads for years. If this is the level of disrespect you hold for me, then I highly recommend that you place me on ignore.

I have always said, emphatically and at length, that infection among consenting adults is a two way street. I have never said that the positive person holds no accountability, only that as currently written, HIV criminalization is a farce that further stigmatizes all of us with HIV. Including those who presume to pass judgments on other positive persons without evidence.

"Many people, especially in the gay community, turn to oral sex as a safer alternative in the age of AIDS. And with HIV rates rising, people need to remember that oral sex is safer sex. It's a reasonable alternative."

-Kimberly Page-Shafer, PhD, MPH

Welcome Thread

Offline anniebc

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #17 on: October 24, 2008, 05:27:56 PM »
And people wonder why we can't get a control on the spread of HIV when you have some positive folks with thoughts that it's okay to spread HIV around.

I'm pretty certain when Jk asked
Quote
Where, exactly, do you see that? Please direct me to the post.
he was refering to THIS thread.


I have never seen a post from JK that has ever stated he agrees that unprotected sex performed by someone who is HIV+ is OK...never.


Hgs
Jan :-*
« Last Edit: October 25, 2008, 08:00:31 PM by anniebc »
-----------------------------------------------------------------------
Never knock on deaths door..ring the bell and run..he really hates that.

Offline lucas clay

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #18 on: October 25, 2008, 09:01:50 AM »
I agree with Daddy Tim.  Infection is a two-way street.  Pretty soon no one will have to take responsibility for anything that happens to them-they will be able to blame another person.  Sort of like a perpetual and continual victim.  I get really tired of people saying they are the way they are because it's someone else's fault.  Bleh.

I agree, but it happens all the time.


                                      Lucas

Offline mecch

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #19 on: October 25, 2008, 07:53:54 PM »
The passions from the other thread are invading this one.
The newsarticle doesn't say if the DJ was boffing other HIV+ guys.
We had similar problem with the other thread - the thread title said "knowingly spreading" but it took awhile to establish what our poster knew and didn't know about that typhoid mary's intentions.  And then people didn't bother to read that info kindly provided by the OP, but went on posting to the misleading title.

Since everyone seems to want to have a debate out these issues, why doesn't someone open a proper, formal thread with the debate question clearly stated in hypothesis, and then the discussion sides can be more disciplined and specific to a precise circumstance of sex, disclosure, responsibililtiy and HIV transmission.

In the mean time, I will post up the Dutch rape case..

Best to all
« Last Edit: October 25, 2008, 07:55:53 PM by mecch »
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Offline thunter34

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #20 on: October 26, 2008, 05:14:29 PM »
All I would like to say is that I would totally shag that DJ myself.  And if I hadn't moved off from Wilmington.....never mind.
AIDS isn't for sissies.

Offline Dachshund

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #21 on: October 26, 2008, 06:18:26 PM »
The passions from the other thread are invading this one.
The newsarticle doesn't say if the DJ was boffing other HIV+ guys.
We had similar problem with the other thread - the thread title said "knowingly spreading" but it took awhile to establish what our poster knew and didn't know about that typhoid mary's intentions.  And then people didn't bother to read that info kindly provided by the OP, but went on posting to the misleading title.

Since everyone seems to want to have a debate out these issues, why doesn't someone open a proper, formal thread with the debate question clearly stated in hypothesis, and then the discussion sides can be more disciplined and specific to a precise circumstance of sex, disclosure, responsibililtiy and HIV transmission.

In the mean time, I will post up the Dutch rape case..

Best to all

I think you've found your calling. Cat herder.

Offline hotpuppy

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #22 on: October 26, 2008, 10:45:25 PM »
I'm not sure how the judge can require him to use a condom..... I mean where is the legal precedent for such an invasion of his behavior?

Now, I'm not saying he shouldn't be disclosing his status, or playing safe with people who are unknown, or neg.  But, dammit, if a poz person wants to have sex with another poz person, that's their business.

I think the prosecutor's threat to lock the guy up for 2 years is rediculous.  What he needs to do is get a better lawyer and get the hell out of North Carolina. 

I think it would be different if the guy was going out and deliberately infecting people.  For all we know he is having anonymous sex in a sex club.... and let he who is without sin cast the first stone.... and you better keep that stone in your pocket! 

I think there needs to be a rational mix of disclosure, individual responsibility, and respect for others.  If you are out there being a cum dump in a sex club, don't come crying when you get a collection of STDs that includes HIV.  At the same time, disclosure is a reality.  You need to afford someone the opportunity that many of us were denied, the opportunity to confront the risk and play safe or not play at all. 

I can say for certainty that it will encourage people not to get treated for various diseases.  I'm guessing he caught something annoying like syphillis, clamydia (sp?), or gonorrhea.  I say annoying because they are easily treated with antibiotics.  Linking treatment and punishment is a dissappointing precedent. 

Blame serves no good purpose.  It cures no person.  It treats no illness.  It advances nothing good.  It is the doorway to hatred and revenge which are toxic in their own special way.  It's a sad day in NC that they are stuck on blame instead of education, treatment, and open discussion.
Don't obsess over the wrong things.  Life isn't about your numbers, it isn't about this forum, it isn't about someone's opinion.  It's about getting out there and enjoying it.   I am a person with HIV - not the other way around.

Offline bocker3

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #23 on: October 27, 2008, 07:47:57 AM »
I'm not sure how the judge can require him to use a condom..... I mean where is the legal precedent for such an invasion of his behavior?

Actually, there have been a number of legal precedents over the years that would, in fact, allow a judge to do this.  A quick pass through my old text book "The Law and the Public's Health" shows one very shocking (in my opinion) precedent:  Buck v. Bell - This gives the state the right to forcibly sterilize mentally disabled people in some circumstances.  You also have compulsory vaccination laws, helmet laws, the old blood testing requirements for marriage licenses, etc.....

Now, before anyone goes off calling me crazy -- I'm not making a judgement here -- just citing facts.

Mike
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Offline dixieman

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #24 on: October 28, 2008, 11:01:12 AM »
He was for-warned by a judge in court... his probation, etc... and he has continued to have casual sex without proper cautions... like using a condom he has no regards to anyones health let alone  his own... I see no problem in locking him up for a few years... posting his picture for everyone to be on the lookout... The government should have quarantined people in the begining back when this disease started spreading in the early 1980's... then maybe it would not be as widespread in this country as it is today.... but, that's a shoulda woulda coulda... Now people who continously keep catching spreading diseases should have to abide by the law... I see no problem in placing this individual in prison... lock him up... Next!

Offline jkinatl2

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #25 on: October 28, 2008, 11:25:34 AM »
Quote
The government should have quarantined people in the begining back when this disease started spreading in the early 1980's..


You mean when they thought you could get it by kissing? Sweat? Hugging? You'd be in jail too, I wager.

Consensual sex involves two parties. And consensual bareback sex involves two parties who are willing to risk giving and getting HIV infection. Whats the punishment for the uninfected party when s/he ends up positive? I mean, with a track record of barebacking, they ought to be locked up too, right? As a precaution?

Dude, sometimes I think you are putting one over on the rest of the class. I mean, no one could possibly be.... well, I just turned on FOX. I stand corrected.
"Many people, especially in the gay community, turn to oral sex as a safer alternative in the age of AIDS. And with HIV rates rising, people need to remember that oral sex is safer sex. It's a reasonable alternative."

-Kimberly Page-Shafer, PhD, MPH

Welcome Thread

Offline RapidRod

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #26 on: October 28, 2008, 11:38:17 AM »
 
Quote
Joshua Waldon Weaver, 23, who works in clubs in Raleigh and Wilmington, pleaded guilty to charges that he failed to disclose his HIV-positive status and engaged in unprotected sex with three people.


He's guilty PERIOD. Not once but twice...
« Last Edit: October 28, 2008, 11:39:58 AM by RapidRod »

Offline jkinatl2

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #27 on: October 28, 2008, 11:53:59 AM »
Quote

He's guilty PERIOD. Not once but twice...

And the people who volunteered to have consensual bareback sex with him? Innocent victims? Are we back to that?

For the record, I think the sentence was fair, all things considered. But I also think it does ZERO to further HIV awareness and prevention. Its vengeance, not justice, and certainly not education.

"Many people, especially in the gay community, turn to oral sex as a safer alternative in the age of AIDS. And with HIV rates rising, people need to remember that oral sex is safer sex. It's a reasonable alternative."

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Offline RapidRod

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #28 on: October 28, 2008, 11:57:56 AM »
He's guilty for failure to disclose.

Offline jkinatl2

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #29 on: October 28, 2008, 12:02:09 PM »
He's guilty for failure to disclose.

Ah, that whole world being black and white thing again. So noted.

The guys who gave it up have no responsibility whatsoever in this. I get it.

Sorry Rod, we will have to agree to disagree on this one. I can't seem to communicate in an appropriate manner with you.

"Many people, especially in the gay community, turn to oral sex as a safer alternative in the age of AIDS. And with HIV rates rising, people need to remember that oral sex is safer sex. It's a reasonable alternative."

-Kimberly Page-Shafer, PhD, MPH

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Offline RapidRod

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #30 on: October 28, 2008, 12:07:48 PM »
Ah, that whole world being black and white thing again. So noted.

The guys who gave it up have no responsibility whatsoever in this. I get it.

Sorry Rod, we will have to agree to disagree on this one. I can't seem to communicate in an appropriate manner with you.



Not to get me to believe that a known positive person doesn't have more responsibility and should be held more accountable.

Offline Miss Philicia

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #31 on: October 28, 2008, 12:09:35 PM »
The government should have quarantined people in the begining back when this disease started spreading in the early 1980's... then maybe it would not be as widespread in this country as it is today....

You = clueless
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Offline HereIAm

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #32 on: October 28, 2008, 12:10:09 PM »
There are two discussions going on here.  Unfortunately, the two have little to do with one another.

The first discussion is whether or not the DJ is guilty of violating the law. It is very cut and dried in criminal matters -- either the state can prove he did violate each element of the law or can not prove that.  If they can prove that, beyond a reasonable doubt, he will be found guilty.

The second discussion seems to be more of a moral nature...as in who is responsible?  The various criminal codes I am familiar with in the U.S. seldom take note of the acts of the alleged victims in the case.  I am a lawyer, for those who have not guessed that.  In law, and in particular in criminal cases, I seldom find that having any sort of a moral responsibility discussion is helpful at all in determination of guilt or innocence.  The criminal code is almost always entirely focused on the acts of the accused.  For example, one can not consent to be murdered.

On another note, the judge ordered him to do something or not do something.  He apparently violated that order in contempt of the court.  The court can and will do something to him for thumbing his nose at its order.

But morally, on the other hand, we each need to take responsibility for our own well being.  I think consenting to having unprotected sex is agreeing to the possibility that you will contract a STI, including HIV.  However, I don't know how a state legislature would write that sort of morality into the law.  
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Offline skeebo1969

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #33 on: October 28, 2008, 12:15:50 PM »
 

He's guilty PERIOD. Not once but twice...


  Sorry Rod but your are wrong.....  it would be thrice !
I despise the song Love is in the Air, you should too.

Offline skeebo1969

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #34 on: October 28, 2008, 12:19:52 PM »
The government should have quarantined people in the begining back when this disease started spreading in the early 1980's... 

  Ouch!!  Yeah and I fear if that been done it would have evolved into just killing us off by now...  being that the government is run by dickwads like Bush.

  Agree with Philly on this....
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Offline carousel

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #35 on: October 28, 2008, 12:47:09 PM »
The government should have quarantined people in the beginning back when this disease started spreading in the early 1980's... then maybe it would not be as widespread in this country as it is today....

Or perhaps, Governments would have taken a stand and dealt with HIV without all the attacks against those communities most affected.  They could have also invested in educating people about how they can keep themselves safe, instead of moralising to a public that ain't listening.  Maybe then, people would start taking responsibility for their own sexual health, instead of always blaming those with HIV.

Shame on you for suggesting that we should have quarantined HIV people.

Offline GSOgymrat

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #36 on: October 28, 2008, 12:50:42 PM »
Since I live in NC I'll throw my 2 cents in. This story is about Joshua Weaver, not the men he had sex with. He was caught having unprotected sex with people and not disclosing his status, which is against the law. The judge basically said "I don't think jail is the best consequence but I am putting you on probation. Don't do it again." Weaver confesses that while on probation he had unprotected sex with three more people without disclosing. The judge then basically said "Obviously you are not taking this seriously. I'm upping the consequence to house arrest and sending you for counseling so you can understand why having unprotected sex with people without disclosing is wrong. Do it again and we are talking jail."

I don't see the problem. We are talking about being honest and using a condom, not never having sex again. Yes, the public needs better HIV education. Also if the participants were HIV+ it changes things, but the story doesn't give that impression. Having HIV and not telling your sexual partners and not using safer sex practices harms people. I think, and I believe the majority of people in NC would agree, there needs to be a consequence for that. As far as the people he had sex with I hope none of them became infected.

Offline Dachshund

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #37 on: October 28, 2008, 12:58:57 PM »
He was for-warned by a judge in court... his probation, etc... and he has continued to have casual sex without proper cautions... like using a condom he has no regards to anyones health let alone  his own... I see no problem in locking him up for a few years... posting his picture for everyone to be on the lookout... The government should have quarantined people in the begining back when this disease started spreading in the early 1980's... then maybe it would not be as widespread in this country as it is today.... but, that's a shoulda woulda coulda... Now people who continously keep catching spreading diseases should have to abide by the law... I see no problem in placing this individual in prison... lock him up... Next!

I suppose you would include yourself in that quarantine? Because at the end of the day we only have your word that you practice safe sex, and in your quarantine world, your word would not be good enough.

Offline newt

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #38 on: October 28, 2008, 12:59:36 PM »
hmmm

When it comes to HIV, the law is truly an ass

Not disclosing your HIV-positive status is not always wrong

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Offline GSOgymrat

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #39 on: October 28, 2008, 01:01:52 PM »
hmmm
Not disclosing your HIV-positive status is not always wrong

Not disclosing your status and having unprotected sex is.

Offline newt

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #40 on: October 28, 2008, 01:08:14 PM »
I can think of several examples of when it isn't but can anyone else? This is I guess a challenge to people's thinking caps. There are parallels, eg shooting people, damaging property, it's a well-established principle - and a real life matter of safety too for some people.

- matt
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Offline RapidRod

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #41 on: October 28, 2008, 01:16:49 PM »
If you are HIV positive there is no responsible reason for one not to disclose their status if they are going to have sex, protected or not. 

Offline skeebo1969

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #42 on: October 28, 2008, 01:21:46 PM »
I can think of several examples of when it isn't but can anyone else?  - matt


   Ummm when they disclose to you first?
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Offline carousel

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #43 on: October 28, 2008, 01:48:04 PM »
If you are HIV positive there is no responsible reason for one not to disclose their status if they are going to have sex, protected or not. 

It may be easy for some to decide to always disclose their status.  For others, these things are less cut and dry.  I can think of times, when the last thing on my mind was worrying about whether the sex was safe or not.  Going from having unprotected sex, suddenly to have to think about the way in which negotiate and have sex, on top of having to deal with HIV is difficult enough.

I am not trying to justify it, I just think there are many times when not telling a partner, can seem the easier and less complicated option.

Offline sharkdiver

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #44 on: October 28, 2008, 01:58:44 PM »
He was for-warned by a judge in court... his probation, etc... and he has continued to have casual sex without proper cautions... like using a condom he has no regards to anyones health let alone  his own... I see no problem in locking him up for a few years... posting his picture for everyone to be on the lookout... The government should have quarantined people in the begining back when this disease started spreading in the early 1980's... then maybe it would not be as widespread in this country as it is today.... but, that's a shoulda woulda coulda... Now people who continously keep catching spreading diseases should have to abide by the law... I see no problem in placing this individual in prison... lock him up... Next!

Quarantined?  Holy Cow.  That is incredibly offensive!  I would have been one of those quarantined.

Just Unbelievable!

I'm surprised none of the Moderators have picked this up

Offline skeebo1969

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #45 on: October 28, 2008, 02:06:17 PM »
It may be easy for some to decide to always disclose their status.  For others, these things are less cut and dry.  I can think of times, when the last thing on my mind was worrying about whether the sex was safe or not.  Going from having unprotected sex, suddenly to have to think about the way in which negotiate and have sex, on top of having to deal with HIV is difficult enough.

I am not trying to justify it, I just think there are many times when not telling a partner, can seem the easier and less complicated option.

 No guilt involved either I take it?  Disclosure is not a negotiation in my opinion...  I think with this we can see why disclosure laws should and always will exist.
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Offline PeteNYNJ

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #46 on: October 28, 2008, 02:11:25 PM »
Quote
Quarantined?  Holy Cow.  That is incredibly offensive!  I would have been one of those quarantined.

Just Unbelievable!

I'm surprised none of the Moderators have picked this up

All of our poor Moderators are probably in Quarantine! 

I too was offended by this statement. Should all people who have infectious diseases be Quarantined?  Ridiculous.

Offline skeebo1969

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #47 on: October 28, 2008, 02:20:21 PM »
And the people who volunteered to have consensual bareback sex with him? Innocent victims? Are we back to that?

  Where has it been stated that they are innocent victims?  If I slice my own throat I won't go to jail, but if you slice my throat you surely will.
I despise the song Love is in the Air, you should too.

Offline carousel

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #48 on: October 28, 2008, 02:27:49 PM »
No guilt involved either I take it?  Disclosure is not a negotiation in my opinion...  I think with this we can see why disclosure laws should and always will exist.

I know two of the three people who I have slept with since my diagnosis.  And I know that I didn't give them HIV.  They have both then gone out there since and picked it up elsewhere.  

The other, I believe gave me hep c.  Thanks for that.

Since then, I've withdrawn from having any sexual contact with anybody.  Frustrating, but at least I don't have to worry about such things.

I wouldn't use a word like guilt.  I was all over the place and certainly not of clear mind in the months following my diagnosis.  Nor was I innocent before.  

Offline jkinatl2

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Re: Gay DJ put on house arrest for second HIV violation
« Reply #49 on: October 28, 2008, 02:34:31 PM »
Quote
If I slice my own throat I won't go to jail, but if you slice my throat you surely will.


Assuming you do not die, if you slice your own throat you will be determined to be a threat to yourself, and placed in at least a 72 hour observation in a mental health facility. There are ramifications for self-destructive behavior.

Also, equating unprotected sex with slicing comeone's throat was inaccurate in 2000. In 2008, it is an overstatement beyond the pale.

A) not every act of unprotected sex results in seroconversion.

B) with current standards of care, HIV is no longer nearly the same disease that it was twelve years ago.

C) what, exactly, determines "unprotected sex" varies from location to location, often from judge to judge. To some, spitting is attempted murder. Others include kissing. To others, insertive oral sex or cunnilingus is considered a threat.

Until/unless the legal system establishes a science-based standard by which to judge these indiscretions, I will ALWAYS be against the criminalization of HIV. Particularly when seroconversion does not occur.

Since we cannot even find that science-based playing field on these very forums, I doubt seriosuly that the legal system will succeed.

In consensual sex, seroconversion is a shared responsibility. And I have yet to see any case reports or evidence to sway my opinion on that regard.

If there are ramifications for the non-disclosing positive person, even in the absence of infection, then there should be similar ramifications for a negative person who puts him/herself, and tangentially, his/her community at risk. After all, if these "victims" never get tested, they never have to lie, right?

"Many people, especially in the gay community, turn to oral sex as a safer alternative in the age of AIDS. And with HIV rates rising, people need to remember that oral sex is safer sex. It's a reasonable alternative."

-Kimberly Page-Shafer, PhD, MPH

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