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Author Topic: Judge Rules Neg Top Not at Significant Risk from Poz Bottom  (Read 11808 times)

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Offline Zohar

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Re: Judge Rules Neg Top Not at Significant Risk from Poz Bottom
« Reply #50 on: May 17, 2010, 03:49:16 AM »
It\'s long been acknowledged that HIV is present in a rectal secretions, even when someone is on HAART, so I tend to believe tops who say that\'s how they became infected. Not that I think it matters what the route of transmission is really.
''Poor is the man whose pleasures depend on the permission of another.''

Offline BT65

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Re: Judge Rules Neg Top Not at Significant Risk from Poz Bottom
« Reply #51 on: May 17, 2010, 04:31:44 AM »
Then there are some here who just tell it the way it is, and many others who don't like that approach.
I've never killed anyone, but I frequently get satisfaction reading the obituary notices.-Clarence Darrow

Offline komnaes

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Re: Judge Rules Neg Top Not at Significant Risk from Poz Bottom
« Reply #52 on: May 17, 2010, 07:28:14 AM »
I would just like to go back to the legal aspects of the case, which are more interesting to me.

Unlike some states in the US and other countries, Canada has never codified criminal liability on HIV disclosure (i.e. no explicit laws have been passed to criminalize non-disclosure). It began with a Supreme Court case in 1998, which decided that if a person who's HIV+ does not disclose his/her status before engaging in sexual activities could be found guilty of criminal sexual assault or aggravated sexual assault (ASA). Not sure if it applies to the former, but for the latter the acts must post "significant risk" of HIV transmission. My very brief and initial researches tell me that most successful prosecutions on the charge of ASA covered unprotected vaginal and anal sex, and almost all put into jail were the, er, fuckers.

So it would seem that this case has very limited application, as the person being charged was the bottom. There's also no mention on whether the accused is no meds or not, or whether he's UD. It's also not known whether this is also a Supreme Court case - and even if it is it may also have very limited application as a legal precedent, depending on factors like the accused's health status, etc.

But it would definitely make the police/prosecutors think twice before casually filing for ASA whenever a pozzie is involved in non-disclosed penetrative sex.
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 Basquo

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Re: Judge Rules Neg Top Not at Significant Risk from Poz Bottom
« Reply #53 on: May 17, 2010, 12:52:13 PM »
I've never heard of a top that wears butterfly costumes.  FASCINATING!

I'm sorry, did you type something related to the topic?  Because all I can hear is SNARK-SNARK-SNARK

Offline tednlou2

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Re: Judge Rules Neg Top Not at Significant Risk from Poz Bottom
« Reply #54 on: May 17, 2010, 09:57:50 PM »
You got it from barebacking, not "bottoming" -- you could have bottomed all day at Club Body Center if you'd just have slapped a condom on your trick.
Fucking THANK YOU.

See how that works kiddies? It's teh unprotected s3x0r what creates all the problems. Even Dr Fucking Bob knows that.

Probably.

MtD



I'm pretty sure I've mention in public on these forums and in PM's that I was with someone who took the condom off without me knowing.  I had mentioned it before to others and got people who couldn't believe you wouldn't know the guy took the condom off.  You can't always tell the condom is still on and I didn't notice for several minutes.  Now, it was my responsibility to make sure that condom was still on when it went in.  This was with someone I'd known for a decade and I didn't think he would do that. 

I realize there will be some who will not believe what I'm saying and see it as an attempt for me to somehow not accept blame.  I accept responsiblity for not making sure the condom stayed on.  I could have felt to make sure it was still on.  If I had hooked up with some stranger, I probably would have done that.  However, this was a friend and I didn't think he would do that.  It ruined our relationship and I don't think I ever talked to him again--except to ascertain his HIV status. 

Matty, you just got into a debate with someone who assumed you weren't using condoms with guys you pick up.  I never said I barebacked with the guy who infected me.  I understand I should have pointed out that very important fact.  I can see how someone would think if I got infected, I must have barebacked.  I shouldn't have assumed people would have heard the times I talked about how I was infected.








Offline Matty the Damned

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Re: Judge Rules Neg Top Not at Significant Risk from Poz Bottom
« Reply #55 on: May 17, 2010, 10:49:23 PM »
I'm pretty sure I've mention in public on these forums and in PM's that I was with someone who took the condom off without me knowing.  I had mentioned it before to others and got people who couldn't believe you wouldn't know the guy took the condom off.  You can't always tell the condom is still on and I didn't notice for several minutes.  Now, it was my responsibility to make sure that condom was still on when it went in.  This was with someone I'd known for a decade and I didn't think he would do that. 

I realize there will be some who will not believe what I'm saying and see it as an attempt for me to somehow not accept blame.  I accept responsiblity for not making sure the condom stayed on.  I could have felt to make sure it was still on.  If I had hooked up with some stranger, I probably would have done that.  However, this was a friend and I didn't think he would do that.  It ruined our relationship and I don't think I ever talked to him again--except to ascertain his HIV status. 

Matty, you just got into a debate with someone who assumed you weren't using condoms with guys you pick up.  I never said I barebacked with the guy who infected me.  I understand I should have pointed out that very important fact.  I can see how someone would think if I got infected, I must have barebacked.  I shouldn't have assumed people would have heard the times I talked about how I was infected.


Important life lesson there, Teddy. You trusted someone and he let you down. It's a brutal old world.

That said, my comments about unprotected fucking/disclosure/bottoming and topping weren't directed at you in particular. Rather they were more generally directed at those who seem to see disclosure as a kind of deus ex machina which will save the world from HIV infection.

It won't.

MtD

Offline next2u

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Re: Judge Rules Neg Top Not at Significant Risk from Poz Bottom
« Reply #56 on: May 17, 2010, 11:00:07 PM »
if i would have known it'd be one less. i can't even say i would have hit it with a condom on...i was a bit more bigotted those days.

best,
d
midapr07 - seroconversion
sept07 - tested poz
oct07 cd4 1013; vl 13,900; cd4% 41
feb08 cd4  694;  vl 16,160; cd4% 50.1
may08 cd4 546; vl 91,480; cd4% 32
aug08 cd4 576; vl 48,190; cd4% 40.7
dec08 cd4 559; vl 63,020; cd4% 29.4
feb09 cd4 464; vl 11,000; cd4% 26
may09 cd4 544; vl 29,710; cd4% 27.2
oct09 cd4 ...; vl 23,350; cd4% 31.6
mar10 cd4 408; vl 59,050; cd4% 31.4
aug10 cd4 328; vl 80,000; cd4% 19.3 STARTED ATRIPLA
oct10 cd4 423; vl 410 ;); cd4% 30.2
jun11 cd4 439; vl <20 ;); cd4% 33.8 <-Undetectable!
mar12 cd4 695; vl ud; cd4% 38.6
jan13 cd4 738; vl ud; cd4% 36.8
aug13 cd4 930; vl ud; cd4% 44.3
jan14 cd4 813; vl ud; cd4% 42.8
may14 cd4 783; vl *; cd4%43.5

Offline Cerrid

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Re: Judge Rules Neg Top Not at Significant Risk from Poz Bottom
« Reply #57 on: May 18, 2010, 02:44:28 AM »
Like so many on this board, my infection was entirely immaculate.

Does "from a toilet seat" qualify as an immaculate infection?
"Boredom is always counterrevolutionary. Always." (Guy Debord)

Offline mecch

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Re: Judge Rules Neg Top Not at Significant Risk from Poz Bottom
« Reply #58 on: May 18, 2010, 04:51:02 AM »
There's also no mention on whether the accused is no meds or not, or whether he's UD. It's also not known whether this is also a Supreme Court case - and even if it is it may also have very limited application as a legal precedent, depending on factors like the accused's health status, etc.

bizness as usual. no mention of HAART and risk etc etc.
 is it journalists who are so hopelessly naive on such topics of interest or is it newspaper editors who choose not to print or is it court information that is not released or just outdated and poor prosecution and defense teams.

ďFrom each, according to his ability; to each, according to his needĒ 1875 K Marx

Offline Ann

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    • Num is sum qui mentiar tibi?
Re: Judge Rules Neg Top Not at Significant Risk from Poz Bottom
« Reply #59 on: May 19, 2010, 09:40:40 AM »

 is it journalists who are so hopelessly naive on such topics of interest or is it newspaper editors who choose not to print or is it court information that is not released or just outdated and poor prosecution and defense teams.


I would have thought it was obvious that it's down to hiv ignorance in the population in general. That includes the courts and the media.

Most people don't have a clue about how hiv is and - perhaps more importantly - is not  transmitted, much less what bearing meds and being undetectable have on transmission. They don't know and furthermore they don't want  to know because they don't believe it concerns them in any way, shape or form.

Most people like to believe that it does not concern them because, after all, only outcasts, misfits, junkies, perverts, the promiscuous, and otherwise immoral and/or amoral folks get this bug. [sarcasm]Right?[/sarcasm]
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 Miss Philicia

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Re: Judge Rules Neg Top Not at Significant Risk from Poz Bottom
« Reply #60 on: May 19, 2010, 10:41:38 AM »
Does "from a toilet seat" qualify as an immaculate infection?

Indeed it does! You know you should always just squat like a lady and not allow contact.
"Iíve slept with enough men to know that Iím not gay"

Offline blackwingbear

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    • THE DARK MIND OF BLACKWINGBEAR
Re: Judge Rules Neg Top Not at Significant Risk from Poz Bottom
« Reply #61 on: May 19, 2010, 11:58:57 AM »
if i would have known it'd be one less. i can't even say i would have hit it with a condom on...i was a bit more bigoted those days.

Ah, the proverbial fag-basher that's actually a fag, eh? ???
Maybe I simply misunderstood ya... :-\
It's all a sham. Politics is a big game, same as the media - and same as religion. The point is to distract & control. If we're looking at what they tell us is the "big issue", we're not looking at what they are doing. In time, there will be different causes and different minorities to pick-on. All in the name of keeping the system going, and the people distracted.

Offline Ann

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Re: Judge Rules Neg Top Not at Significant Risk from Poz Bottom
« Reply #62 on: May 19, 2010, 12:10:59 PM »
Ah, the proverbial fag-basher that's actually a fag, eh? ???
Maybe I simply misunderstood ya... :-\

Ah, yep, you misunderstood him. He's not saying "hit it" as in striking with a fist, he's saying as in "hit on". As in show a sexual interest.
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 blackwingbear

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    • THE DARK MIND OF BLACKWINGBEAR
Re: Judge Rules Neg Top Not at Significant Risk from Poz Bottom
« Reply #63 on: May 19, 2010, 12:12:06 PM »
Ah, yep, you misunderstood him. He's not saying "hit it" as in striking with a fist, he's saying as in "hit on". As in show a sexual interest.

AH.... Now I get it. ;) Sorry for the mix-up... ::)
It's all a sham. Politics is a big game, same as the media - and same as religion. The point is to distract & control. If we're looking at what they tell us is the "big issue", we're not looking at what they are doing. In time, there will be different causes and different minorities to pick-on. All in the name of keeping the system going, and the people distracted.

Offline Hellraiser

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Re: Judge Rules Neg Top Not at Significant Risk from Poz Bottom
« Reply #64 on: May 19, 2010, 12:12:30 PM »
Ah, yep, you misunderstood him. He's not saying "hit it" as in striking with a fist, he's saying as in "hit on". As in show a sexual interest.

And this has been another episode of white lady in britain explains urban slang...tune in next week for an explanation of "Getting jiggy wit it"

Offline skeebo1969

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Re: Judge Rules Neg Top Not at Significant Risk from Poz Bottom
« Reply #65 on: May 19, 2010, 12:12:44 PM »
Ah, the proverbial fag-basher that's actually a fag, eh? ???
Maybe I simply misunderstood ya... :-\


  He use to beat up white people is what he meant.
I despise the song Love is in the Air, you should too.

Offline Ann

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Re: Judge Rules Neg Top Not at Significant Risk from Poz Bottom
« Reply #66 on: May 19, 2010, 12:18:43 PM »
There's a lot of horse-bashing that goes on in these forums... as in beating a dead one.


And this has been another episode of white lady in britain explains urban slang...tune in next week for an explanation of "Getting jiggy wit it"


Why wait 'til next week?

"Getting jiggy with it" obviously refers to having a quiet night in with your lover, sitting close to one another on the floor while putting a jigsaw puzzle together.




Then fornicating on top of the finished result.
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 Miss Philicia

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Re: Judge Rules Neg Top Not at Significant Risk from Poz Bottom
« Reply #67 on: May 19, 2010, 12:26:23 PM »
Is there anything worse than white people using patois?
"Iíve slept with enough men to know that Iím not gay"

Offline Hellraiser

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Re: Judge Rules Neg Top Not at Significant Risk from Poz Bottom
« Reply #68 on: May 19, 2010, 12:30:17 PM »
There's a lot of horse-bashing that goes on in these forums... as in beating a dead one.

Why wait 'til next week?

"Getting jiggy with it" obviously refers to having a quiet night in with your lover, sitting close to one another on the floor while putting a jigsaw puzzle together.




Then fornicating on top of the finished result.

Ann did I mention how much I've missed you?  <3

Offline skeebo1969

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Re: Judge Rules Neg Top Not at Significant Risk from Poz Bottom
« Reply #69 on: May 19, 2010, 12:31:13 PM »
Is there anything worse than white people using patois?

Why yu fe galang so
I despise the song Love is in the Air, you should too.

Offline Ann

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Re: Judge Rules Neg Top Not at Significant Risk from Poz Bottom
« Reply #70 on: May 19, 2010, 12:43:02 PM »

Ann did I mention how much I've missed you?  <3


Flattery will get you jiggy with it.
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

 


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